IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8181 of 2003 BISHWANATH TIWARI Versus THE STATE OF BIHAR & ORS ----------- 08/ 10-09-2008 Heard learned counsel for the petitioner and learned counsel for the State. The case of the petitioner is that he retired on 31.1.1999 from the post of Headmaster of a Middle School. At the time of retirement he was in the scale of Rs.7500-12000/- and was drawing his salary of Rs.9500/-. It is submitted that his retirement benefits ought to have been fixed taking into account the last pay drawn by him. Subsequently, pay scale of the petitioner was revised and his last pay was fixed at Rs.9250/-. Pursuant to this revision of pay scale, an amount of Rs.22,000/- was deducted from the retirement benefits of the petitioner. Learned counsel for the petitioner submits that before such revision of his pay scale and order of deduction of alleged excess amount received by him, no opportunity was granted to him to satisfy the authority with regard to the correctness of his pay scale. Learned counsel for the State submits that in view of the statements made by learned counsel for the petitioner, petitioner may be given an opportunity to file a representation making a request for allowing him a personal hearing for reconsideration of the matter. In the circumstances, this writ application is 2 disposed of with liberty to the petitioner to file a representation before the District Superintendent of Education, Rohtas (respondent no.4) within four weeks from today for reconsideration of the matter. If the petitioner files such representation and makes a request for personal hearing, the respondent no.4 shall fix up a date for the same and on that date he shall hear the petitioner or his representative in the matter and thereafter examine the matter for refixation of the salary of the petitioner on the basis of the materials produced in the representation of the petitioner as well as submissions made on his behalf in personal hearing so given. Thereafter, respondent no.4 will come to a final decision in the matter and if he finds that the revision of pay scales of the petitioner is wrong, he will pass appropriate orders putting him in the original pay scale, in which he retired and pass order for refund of the retirement benefits of the petitioner. In case, this exercise is not completed within three months from the date of filing of such representation, the amount deducted from the pensionery benefits of the petitioner shall be refunded to the petitioner immediately. In case if the petitioner does not appear on the date fixed, respondent no.4 shall proceed in the matter and decide the same within the time fixed. With the aforesaid observations/directions this writ application is disposed of. A.H./ ( J. N. Singh , J. )