LAKSHMI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 12.3.2004 (Annexure 5), passed by the respondent authorities, whereby grant of the Matric- trained scale to the petitioner with effect from 20.4.1971, has been recalled, and has instead been granted with effect from 12.6.1976. It is further directed against the consequential order dated 3.4.2004 (Annexure 6), passed by the Accountant General, whereby the money benefits admissible to the petitioner consequent upon the grant of the Matric-trained scale with effect from 12.6.76, has been stream- lined, the excess payment paid from 20.4.71 to 12.6.76, has been directed to be refunded, and the post-retirement benefits has been calculated accordingly. It is also directed against the consequential pension payment order (Annexure 3) in favour of the petitioner, has been issued by the Accountant General, a sum of Rs.1,38,000/- as alleged excess payment has been realized from the petitioner, and the post- retirement benefits have been calculated accordingly.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was appointed as middle-trained Assistant Teacher in a primary school on 26.3.62. She passed Prathma examination conducted by the Hindi Vishwavidyalaya, Prayag, on 20.4.71, which, according to the petitioner, is equivalent to the Matriculation of the Bihar School Examination Board. She alsopassed the Matriculation examination conducted by the Bihar School ExaminationBoard on 12.6.76. The State Government issued order dated 15.10.92 (Annexure 1),whereby her Prathma examination was recognized to be equivalent to theMatriculation examination, and she was given the Matric-trained scale with effectfrom 20.4.71. She superannuated from the services of the Bihar Government witheffect from 28.2.2001, on completion of 58 years of age.2.1 The Accountant General addressed his communication dt. 21.11.2002(Annexure 2), to respondent no.2, questioning the grant of Matric trained scale witheffect from 20.4.71. The communication further stated that the pension papers ofthe petitioner were being released from his office as an interim measure taking intoaccount 12.6.76 to be the date of her entitlement. This led to issuance of the pensionpayment order (Annexure 3). Consequently, as an interim measure, the petitioner'spost-retirement benefits were fixed taking into account her entitlement as a Matrictrained with effect from 12.6.76, and a sum of Rs.1,38,000/- was deducted from herpost-retirement benefits, being the excess payment from 20.4.71 to 12.6.76.