IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3586 of 2010 MAHATMA SHARAN SHRIVASTAVA S/O LATE SINGHASAN PRASAD SHRIVASTAVA R/O VILL &P.O.BARKAGAON,P.S.PACHRUKHI,DISTT-SIWAN,RETIRED WHILE WORKING AS CLERK FROM GOVT. AYODHYA AGRAWAL SANATANDHARAM HIGH SCHOOL,BARKAGAON,DISTT-SIWAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY ,FINANCE DEPARTMENT GOVT.OF BIHAR,PATNA 3. THE PRINCIPAL SECRETARY,HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR,PATNA 4. THE DIRECTOR ,SECONDARY EDUCATION BIHAR,PATNA 5. THE DISTRICT MAGISTRATE SIWAN 6. THE DIVISIONAL COMMISSIONER SARAN DIVISION AT CHAPRA 7. THE DEPUTY DEVELOPMENT COMMISSIONER -CUM- CHAIRMAN,DISTRICT EDUCATION ESTABLISHMENT COMMITTEE SIWAN 8. THE DISTRICT EDUCATION OFFICER SIWAN 9. THE ACCOUNTANT GENERAL BIHAR,BEERCHAND PATEL PATH,PATNA 10. THE SENIOR ACCOUNTS OFFICER,OFFICE OF THE ACCOUNTANT GENERAL BIHAR,BEERCHAND PATEL PATH,PATNA ----------- 04. 27.04.2010 A reply of the petitioner to the counter affidavit have been filed on behalf of the respondent nos. 10 and 8 Heard learned counsels for the petitioner, State as also the Accountant General. Petitioner is aggrieved with the letter issued by the respondent Accountant General as per Memo No. 231 dated 30.05.2009 (Annexure-7) as also a letter contained in memo No. 914 dated 23.09.2009 (Annexure-F) to the counter affidavit which have been filed on behalf of the respondent no. 8. The grievance of the petitioner is that upon 2 his superannuation as Clerk on 31.01.2009 from Government Ayodhya Agarwal Sanatandharam High School, Barkagaon, District – Siwan, the pensionary benefits of the petitioner has not been fixed on the correct pay scale since the respondents have not taken into consideration that the petitioner was granted first and second Assured Career Progression (ACP) with effect from 19.08.1999. The respondents have fixed the pensionary benefits with effect from the aforesaid date on the lower pay scale as indicated in Annexure -7. The submission of the petitioner is that for grant of first and second Assured Career Progression (ACP) with effect from 19.08.1999 was perfectly in order and as such, without providing any opportunity to the petitioner to explain, the authorities were not justified for reducing the pay scale of the petitioner and fixing the pensionary benefits on the lower pay scale. It is further submitted that consequently the respondent No. 8 (District Education Officer, Siwan) has instructed the Head Master of the concerned School vide letter no. 415 dated 12.06.2009 (Annexure-C) to the counter affidavit filed on behalf of the State for sending the details of excess payment allegedly made by the petitioner on account of grant of 3 the aforesaid promotion so that the so-called excess payment be recovered from the pensionary benefits of the petitioner. Learned counsel for the State as also the Accountant General submits that although the petitioner’s payment of the pensionary benefits has been fixed on the correct pay scale payable to the petitioner as on the date of his retirement, however, petitioner has approached this court without bringing his grievances to the notice of the Competent Authority of the State. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the pending claims with regard to the payment of correct pensionary benefits, petitioner proposes to file a representation before the respondent no. 8. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of six weeks along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the above respondent shall consider the claims of the petitioner as raised in the representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation so that the grievances of the petitioner 4 could be settled and the representation of the petitioner be disposed of by reasoned order which shall be communicated to him by post under registered cover. Till final decision is taken on the representation, no recovery be made from the retiral dues as proposed in the letter no. 415 dated 12th of June 2009 as contained in Annexure- C. However, upon consideration if the representation of the petitioner finds favour, simultaneously, necessary orders shall be communicated to the respondent – Accountant General. The writ application stands disposed of with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J)