MAHADEO RAM Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) THE petitioner has challenged the orders, contained in letters dated 19th February, 2002 and 11th July, 2002 issued by the 4th respondent - Senior Accounts Officer, AC (A&E) II, Bihar and Jharkhand, Patna, whereby and where -under, the respondents raised objection relating to revision of pay allowed to petitioner since 1st April, 1981 and ordered to fix the pay in the lower scale of Rs. 535 -765/ -, with further order to recover the amount from the petitioner.

(2.) THE brief fact of the case is that the petitioner joined the services of the State as untrained Health Worker on 23rd January, 1960 and completed training of Health Inspector in September, 1969. During service period, his pay was revised w.e.f. 1.4.1981 and thereafter w.e.f. 1.3.1986. On such revision, his pay was fixed and he was paid the salary. Subsequently, the petitioner superannuated from the services of the respondents State from the post of Trained Health Worker on 28th February, 1998.

(3.) THE counsel appearing for the AG Bihar referred to the affidavit filed on behalf of respondent Nos. 3 and 4. According to them (respondents 3 and 4), the Pay Revision Committee report made effective from 1st April, 1981 was allowed for both Matric and Non -Matric Health Worker in the scale of Rs. 400 -540/ -. Subsequently, the Pay Anomaly Removal Committee recommended to pay the Matriculate Health Worker the upgraded scale of Rs. 535 - 765/ - w.e.f. 1st March, 1986, which was wrongly given to the petitioner.