CYRIL DUNG DUNG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER is aggrieved by a communication dated 28.5.2001, issued by the Accountant General (A&E) -II, Bihar, Jharkhand, Patna fixing his pension in the pay -scale of Rs. 4500 -7,000/ - and also the letter dated 8.11.2001, whereby amount of Rs. 41,966/ - has been deducted from his retiral benefits. Accordingly a direction is sought for quashing the recovery memo as also the communication for fixation of the pension in the lower pay -scale and consequential direction for payment of the pensioners benefits in the pay -scale of Rs. 5,000 - 8,000/ -.

(2.) BRIEFLY stated sequence of events whereunder petitioner now a retired Government servant these promotions and pay -scales is as under:

(3.) IT is not in dispute that the petitioners placement in the pay -scale of Rs. 5000 -8,000/ - was consequent upon the pay revision Scheme and this revision is on the basis of existing scale of Rs. 1500 -2750/ - held by the petitioner at the relevant time. In view of the categorical stand of the respondent -State that the post held by the petitioner carried the pay -scale of Rs. 785 -1210/ - revised finally to 5,000 -8,000/ -, objection of the Accountant General is not justified. Petitioner was in the payscale of Rs. 5,000 -8,000/ - at the time of his retirement and he is entitled to pensionary benefits of that basis.