IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.111 of 2007 VIKRAMA TIWARY Versus THE STATE OF BIHAR & ORS ----------- 03/ 11.01.2010 Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner came before this Court for fixation of his pension on the basis of the last salary drawn i.e. Rs. 9,750/-. A counter affidavit has been filed on behalf of respondent no. 4, District Superintendent of Education, Rohtas in which it has been stated that after retirement the pension papers of the petitioner were forwarded for necessary authorization by the Accountant General. It came to notice that in the year 1996 one extra increment had been granted to this petitioner and which mistake has been rectified at the stage of fixation of the pension of the petitioner and authorisation issued on the basis thereof. It is stated that no recovery has been effected for the excess amount drawn by the petitioner by reason of the grant of increment. Learned counsel appearing on behalf of the petitioner submits that he was entitled to a notice before the impugned action was taken by the authorities in the office of Accountant General as well as the State of Bihar 2 in reducing his pay-scale by withdrawing the increment granted to him in the year 1996. He also submits that no order as such on this issue has been communicated to this petitioner. This writ petition is disposed of with a liberty to the petitioner to raise his grievance before the District Superintendent of Education, respondent no. 4, questioning the withdrawal of the increment granted to him in the year 1996 within four weeks from date of receipt of a copy of this order. The District Superintendent of Education, Rohtas would consider the issue after granting an opportunity to the petitioner to represent his case and giving him personal hearing and dispose of the matter by a speaking and a reasoned order. The order may be passed within a period of six weeks from the date of filing of the representation by the petitioner. Needless to add that if the petitioner has made out a case for restoration of the increments then consequential order for revision of pension and payment of arrears thereof may be passed within the same period. The writ petition stands disposed of with the aforesaid directions/observations. S.Sb/- (Jyoti Saran, J.)