IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1100 of 2009 ====================================================== Rajeshwar Choudhary .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. M.Chatterjee For the Respondent/s : Mr. (Sc23) Mr. J.P.Karn Mr. Ram Kiner Choubey ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 5 18-08-2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has retired as Assistant Teacher on 31.1.2000. Petitioner was trained graduate teacher. During his service career, he had been granted graduate trained scale with effect from 19.4.1982,. Junior Selection grade was granted with effect from 1.4.1988 and senior Section grade with effect from 1.2.1994 At the time of his superannuation, he was receiving salary of Rs. 9,250/- in the pay scale of Rs.7500-12000. After his retirement his pension was calculated and fixed on the basis of last pay drawn by him. However, the Accountant General raised objection vide letter No 546 dated 2.8.2001 and directed the District Welfare Officer, Bhojpur at Ara (Respondent Patna High Court CWJC No.1100 of 2009 (5) dt.18-08-2011 2 / 4 2 No.4) to re-fix petitioner’s salary in the basic pay scale of graduate trained teacher i.e. Rs. 5500 to Rs. 9000/- instead of Rs. 7,500/- to 12,000/-, in which the petitioner was receiving his salary at the time of his retirement. The Respondent no.4, the District Welfare Officer, Bhojpur at Ara re-fixed the pay scale of the petitioner in the scale of Rs.5500-9000/- and also recovered the excess amount paid to the petitioner in the higher pay scale. Counter affidavit has been filed on behalf of Respondent No.4 the District Welfare Officer, Bhojpur at Ara admitting the case of the petitioner. The relief prayed by the petitioner in the writ application is regarding re- fixation of his salary in the pay scale of Rs. 7500-12000/- and fix his pension on the basis of last pay drawn by him, amend the earlier pension fixation dated 14.9.2001 and pay difference of the arrears of pension, after re-fixing the pension in the pay scale of Rs. 7500-12000/-. In the counter affidavit, it has been stated that the pension of the petitioner was earlier approved on the basis of last pay drawn by him and sent to the Accountant General for issuance of authority slip but Accountant General, Bihar vide letter no. 546 dated 2.8.2001 raised some objection and accordingly directed the respondent no.4 to re-fix the pay scale on the basic pay scale of Patna High Court CWJC No.1100 of 2009 (5) dt.18-08-2011 3 / 4 3 Graduate trained teacher and to recover the excess amount paid as salary to the petitioner. However on verification, the District Welfare Officer, Bhojpur come to this conclusion that petitioner is entitled for higher pay scale and his claim is genuine. It has also been stated that accordingly petitioner’s salary as well as pension has been re-fixed in the pay scale of Rs. 7500-12000 as well as on the basis of last pay drawn by him. After re-fixation of pay scale of the petitioner, difference of arrears of revised salary, and leave encashment have been calculated, and paid to the petitioner. Counsel for the petitioner also admits that the petitioner’s salary has been re-fixed at Rs. 9,250/-in the pay scale of Rs. 7500- 12000/-. The arrears of difference of salary has also been paid. Now only relief which is left to be allowed in favour of the petitioner is regarding payment of difference of arrears of revised pension, gratuity and amount which has been recovered from his pension. This application is being allowed directing the respondent Accountant General, Bihar, Patna to issue revised pension order as well as for payment of arrears of pension on the revised pay and also payment order for revised gratuity to the petitioner. All these orders must be issued within eight weeks from the date of production/communication of this order. Patna High Court CWJC No.1100 of 2009 (5) dt.18-08-2011 4 / 4 4 The writ application stands allowed. Arun Kumar/- (Mridula Mishra, J)