IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7540 of 2002 ***** Tej Narain Jha son of Late Baban Jha, resident of village-Phulwaria, P.S. Sugauli, District-East Champaran. …. …. Petitioner Versus 1. The State of Bihar. 2. The Director, Health Services, Bihar, Patna. 3. The Accountant General (A&E) II, Bihar and Jharkhand, Patna. 4. The Senior Accounts Officer, Office of the Accountant General (A&E) II, Bihar and Jharkhand, Patna. 5. The State Leprosy Nibaran Officer, Bihar, Patna. 6. The District Leprosy Control Officer, West Champaran, at Bettiah. …. …. Respondents ----------- For the Petitioner : Mr. Taranath Jha, Advocate For the State : Mr. Manoj Kumar Jha, Junior Counsel to GA – I For the Accountant General : Mr. J.P. Karn, Advocate --------------- 17. 19.1.2009. Petitioner superannuated from service on 31.1.2001. At the time of superannuation he was holding the post of M.S.W. in the District of West Champaran (Bettiah). The reason why he has filed the present writ application is that vide an objection raised by the respondent Accountant General contained in Annexure-2, not only while fixing the final pension the pension amount has been reduced but even certain recovery has been ordered. The contention of learned counsel appearing on behalf of the petitioner is that there is categorical assertion and certification that at the time of superannuation the petitioner was granted a pay-scale of Rs.5000-8000 with effect from 1.1.1996. Some other employees, especially Jamuna Prasad Rai, being junior to the petitioner, was also given the same pay-scale. So far as Jamuna Prasad Rai is concerned, his pension has been fixed on the pay-scale of 5000-8000, but only with - 2 - regard to the petitioner the objection has been raised, based on a circular of the State Government dated 3rd March, 2001, which is Annexure-G to the supplementary counter affidavit filed on behalf of the Accountant General, petitioner’s pension has been reduced. It is the case of the petitioner that he got his promotion on the post on 19.12.1995 and since he had already been given the benefit of second time bound promotion the corresponding pay-scale of the post of M.S.W. was not conferred upon him as would be evident from the communication dated 29.11.1999 issued from the office of District Leprosy Eradication Officer, West Champaran. But the service-book does not disclose nor did the communication of Annexure-10 discloses as to the actual date of promotion of the petitioner to the post of M.S.W., that is the reason why the Accountant General is holding out the circular of 3rd March, 2001 against the petitioner. In the totality of the situation, the Court is of the opinion that the Director, Health Services, Government of Bihar needs to re-look into the service record of the petitioner, examine this aspect whether the Circular dated 3rd March, 2001 in any way has a bearing to the case of the petitioner and whether in view of a categorical order, which has given him the pay-scale of Rs.5000-8000 at the time of superannuation of the petitioner, his pension can be fixed at lower rate than his last entitlement. The Director, Health Services, Government of Bihar, respondent no.2, will get the exercise completed after giving opportunity to the petitioner in this regard within a period of three months from the date of communication/production of a copy of this order. - 3 - Based on the outcome and the exercise, a follow up communication will be made to the Accountant General to facilitate the final fixation of pension of the petitioner. Till the above exercise is completed, the earlier objection raised or the consequential order for recovery will not be enforced against the petitioner, if not already done. The writ application is disposed with the above direction. Pawan/- (Ajay Kumar Tripathi, J.)