BRAHMADEO ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court for quashing the letter bearing No.4/1574 dtd. 27/2/2017 issued by Senior Accounts Officer, Office of the Principal Accountant General (A& E) Jharkhand, whereby and whereunder, the said authority has held that fixation of the pension based on average emoluments is correct and has returned all the original papers, service books to the District Education Officer, Deoghar. Further, prayer has been made for quashing of the letter bearing Memo No. Pen-4/1412 dtd. 23/1/2017 issued by the Senior Accounts Officer, office of the Principal Accountant General (A and E), Jharkhand. Further, prayer has been made for a direction upon the respondents to revise the pension of the petitioner as per Resolution bearing Memo No. PC 1-01/99-15556 Vi.Pe. dtd. 22/12/1999 and grant the consequential benefits to the petitioner.

(3.) As per the factual matrix, the petitioner was appointed on 1/8/1962 as an Assistant Teacher in Mohanlal Guthotia High School, Madhupur, Deoghar. After serving in the said school for more than 38 years, he superannuated on 31/12/2000. Upon superannuation from the service, pension of the petitioner has been fixed on the existing pay-scale of Rs.6500.00200-10500/- and on the basis of said fixation, his pension was revised and fixed @ Rs.4,996.00 only per month vide office order dtd. 28/1/2003, which is wrong calculation in view of the Government Resolution bearing Memo No. PC-1-01/99 15556 vi.pe. dtd. 22/12/1999, which is in existence with effective from 1/1/1996, wherein it is stated that fixation of pension shall not be less than 50 % of the maximum revised pay. Aggrieved by the same, he represented before the respondents for revising the pension. Thereafter, District Education Officer, Deoghar forwarded the grievances of the petitioner to the Accountant General Office along with his service book. But the Senior Accounts Officer vide his letter bearing Memo No. Pen-4-1412 dtd. 23/1/2017 has informed the District Education Officer, Deoghar that on examining the service book of the petitioner, it has come to the light that as per order dtd. 25/9/2001 passed in W.P.(S) No. 4696/01, petitioner's pension, gratuity and commutation of pension have already been revised and accordingly, returned the service book of the petitioner. The petitioner being dissatisfied by the reply of the Senior Accounts Officer, again represented before the District Education Officer, Deoghar, which was forwarded vide letter dtd. 14/2/2017 to Accountant General, Jharkhand for redressal of the petitioner's grievances as per the Memo No. 660 dtd. 8/2/1999. Subsequently, Senior Accounts officer, issued a letter dtd. 27/2/2017 bearing Memo No. Pen-4 (2016-17) 1574 observing therein that fixation of the pension was based on average emoluments and is correct in view of Jharkhand Pension Rules-1 and has returned all the original papers, service books to the District Education Officer, Deoghar. Aggrieved by the incorrect fixation of pension and wrong interpretation of the Circular by the respondent- Accountant General, the petitioner has been constrained to knock the door of this Court.