MUSMAT KUSHMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE scale of Rs. 825 -1200/ -, as was introduced on 1.1.1986, was replaced with effect from 1.1.1996 by the scale of Rs. 2610 -3540/ - and, similarly, the scale of Rs. 950 -1400/ -, as was introduced on 1.1.1986, was replaced by the scale of Rs. 2750 -4400/ - with effect from 1.1.1996. The State Government issued an order and thereby directed fixation of the pay scale of the husband of the petitioner at Rs. 2610 -3540/ - with effect from 1.1.1996. In the present writ petition, the petitioner is contending that since her husband was in the pay scale of Rs. 950 -1400, he should not be fitted in the scale of Rs. 2610 - 3540/ - which was the replacement scale of Rs. 825 -1200/ -.

(2.) IN order to sort out the dispute, I called for production of the Service Book of the husband of the petitioner. The Serv - ice Book has been produced and the same suggests that the husband of the petitioner was granted the scale of Rs. 950 - 1400/ - with effect from 1.1.1986. In such view of the matter, as per the decision of the Government, the husband of the petitioner was entitled to the replacement scale of Rs. 2750 -4400/ - with effect from 1.1.1996 and by mistake the husband of the peti - tioner was accorded the replacement scale of Rs. 2610 -3540/ - with effect from 1.1.1996. In those circumstances the writ petition stands allowed with a direction upon the respondents to grant to the peti - tioner the replacement scale of Rs. 2750 - 4400/ - with effect from 1.1.1996 and there - upon on the basis of such scale arrive at the last pay to which the husband of the petitioner was entitled to at the time of his retirement on 31.3.1996 and on the basis thereof to fix his pension, family pension and other admissible terminal dues. In the event after calculating the net dues on the basis as above, it transpires that there was no just reason to deduct the sum of Rs. 19,677/ - as has been deducted from the dues of the husband of the petitioner and communicated by the letter dated 20.12.1999, the same be refunded to the petitioner with 5% interest.

(3.) THE above exercise must be com - pleted within a period of three months from today. In default, the net ascertained dues of the petitioner shall carry interest at the rate of 10% per annum.