KEDAR NATH SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner retired from service on 31-1-2001 as an Electrician Grade II from the office of Executive Engineer, National Highway, Mechanical Division, Road Construction Department, Nawadah. In course of determination of his retiral dues after his retirement, the office of the Accountant General took the view that the petitioner was wrongly allowed the scale of Rs. 4000-6000 in which he was given his last monthly salary and that lawfully he was entitled to the lower scale of Rs. 3050-4590. The objection raised by the Accountant General's office delayed fixation of pension and its commutation and the final payment of gratuity etc. to the petitioner. In those circumstances he earlier came to this Court in CWJC No. 10319 of 2002 which was disposed of by order, dated 5-12-2002. By that order, the Court directed the respondent authorities to pay to the petitioner his retiral and other dues as admitted by them but in so far as the final determination of pension, gratuity etc. was concerned, the Court directed both the Accountant General and the Executive Engineer to take a decision on the representation filed by the petitioner before them. In pursuance of the Court's direction, the Executive Engineer passed orders, dated 5-12-2002 and 30-11-2002 (Annexure 1 series). The Executive Engineer rejected the petitioner's representation and held that from time to time his pay was wrongly fixed in the higher scales, that he was entitled to payment of his retiral and other dues in the lower scale of pay than what was given to him at the time of his retirement and further that Rs. 81,553 was liable to be deducted from his retrial dues as excess salary paid to him as a result of his pay being wrongly fixed in the higher scales of pay.

(2.) The order passed by the Accountant General on the petitioner's representation has also come on record along with the counter-affidavit filed on his behalf. This order is in some detail and it presents a complete picture of the petitioner's case.

(3.) The petitioner held the post of Electrician Grade II in the Road Construction Department (earlier Public Works Department). He joined the service on 1-6-1972 in the scale of Rs. 240-360. This scale was revised by Finance Department resolution No. 10770 of 30-12-1981 (that is, the 4th pay revision with effect from 1-4-1981) and the pay scale of Electrician Grade II in the Irrigation Department / Public Health Engineering Department / Public Works Department was sanctioned at Rs. 535-765.