DEO PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel appearing for the respondents.

(2.) The petitioner has retired from the post of Headmaster on 31.3.2000. He is aggrieved by the order issued by the office of the Accountant General, Bihar, Patna contained in letter No. 10/20613 dated 8.2.2001 (Annexure-7) and letter No. 10/GPO/30616 dated 8.2.2001 (Annexure-8). By these two orders the Accountant General has fixed the pension and gratuity payable to the petitioner at a lower scale than the last pay drawn by him on the date of his retirement. It has also been directed that Rs. 56,831/- should be recovered from the pension of the petitioner, paid as excess salary to the petitioner during the period 1.1.1986 to the date of retirement of the i.e. 31.3.2000.

(3.) The petitioner was initially appointed as an Assistant Teacher on 13.4.1961 in the lower primary school, Barkiparhi. While working as an Assistant Teacher in the Upper Primary School, Nonar, Daudnagar he was promoted to the post of Headmaster with effect from 1.1.1975, and was posted at Middle School Chanda, Obra vide memo No. 5211-15/Aurangabad dated 27.8.1975. By this very order BA trained scale was granted to the petitioner from the date of his joining in the post of headmaster. The petitioner joined on the post of headmaster on 1.9.1975. On his joining the post of Headmaster the pay admissible to the post of headmaster was fixed at Rs. 970/- in the pay scale of Rs. 850-1360/- fixing the date of increment as 1.9.1982 by the order of Under Secretary to Government of Bihar dated 20.8.1985. Since the date of promotion of the petitioner as headmaster was 1.1.1975 on completion of ten years of service, the petitioner was granted first time bound promotion by order dated 9.9.1987 contained in memo No. 2193 issued by the District Superintendent of Education, Aurangabad pursuant to the decision of the District Education Establishment Committee dated 15.7.1987. Subsequently petitioner's pay was revised with effect from 1.1.1986 and he was also granted senior scale with effect from 1.1.1987 on completion of 12 years of service, On 1.3.1989 the pay of the petitioner was fixed at Rs. 2575/- on account of the pay revision effective from 1.1.1997 and his pay was fixed at Rs. 10,250/- by the District Account Officer, Pay Fixation Section, Aurangabad. The petitioner retired on 31.3.2000 and at that time he was getting the basic pay of Rs. 11,000/-.