DEEPALI DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter -alia prayed for direction upon the respondents to fix the pension in the pay scale of Rs.19500/ - as per the last pay drawn before retirement which has been illegally and arbitrarily scaled down in the pay scale of Rs.18930/ - without any rhyme and reason and for direction upon the respondents to pay the arrears & salary and difference of pay scale from the date of passing the Teachers Training Examination i.e. 16.04.1992.

(2.) The brief facts as disclosed in the writ application, is that initially the petitioner was appointed as an Assistant Science Teacher (B. Sc. Untrained) on 19.08.1981 in Hosir Middle School, Giridih. The petitioner passed the basic training in STC on 16.04.1992 and the petitioner was promoted in the pay scale of Rs. 5500 -9000 with effect from 14.07.2009 as evident from Annexure -2 to the writ application. In view of the promotion, the pay of the petitioner was fixed in the pay scale of Rs.19500/ - which is evident from the statement made in Form FR22 A(i) as per Annexure -3 to the writ application. The petitioner retired on attaining the age of superannuation on 31.03.2007 and the pension of the petitioner was fixed in reduced scale of Rs.18930/ - which ought to have been 19500/ - and the LPC issued on 25.03.2011 has been annexed as Annexure -4 to the writ application. The petitioner represented before the respondents ventilating her grievances for fixation of pay scale of Rs. 19500/ - as per Annexure -6 to the writ application.

(3.) Per -contra a counter -affidavit has been filed on behalf of respondent no.3 repelling the contentions made in the writ application. In the counter - affidavit, it has been inter -alia submitted that the due to mistake of some one in the department, the petitioner was getting salary on the pay scale of Rs.19,500/ - in anticipation of approval/verification of Finance Department and prior to approval/correction of pay scale of the petitioner by the Finance Department, the petitioner retired from her services while drawing the pay scale of Rs.19,500/ - as such she is claiming on the principle of last pay drawn. The pay scale of Rs.19,500/ - was not final pay scale in absence of approval/verification of Finance Department as such she can not derive any advantage of wrong pay fixation. It has further been submitted in the counter - affidavit that the petitioner's existing scale of pay was Rs.5000 -150 -8000 and pay band applicable to her PB -II (9300 -34800), thus, existing basic pay on 01.01.2006 is Rs.7400/ -. Pay in the pay band (after multiplication by a factor of 1.86 and rounding off to the next multiple of 10) is Rs. 13770.00/ - and after attaching the Grade Pay Rs.4600/ - it come to Rs.18370/ - payable to the petitioner as on 01.01.2006 and subsequently on 01.07.2006 it is Rs. 18930/ -. The Finance Department during the verification detected the wrong pay fixation and accordingly corrected the pay scale of the petitioner in accordance with law, rule and enforceable order of the State applicable to the petitioner and the verification of the Finance Department has been annexed as Annexure -A to the counter -affidavit. It is submitted that the Secretary, Finance Department, Government of Jharkhand, Ranchi vide Resolution no.660/Finance dated 28.02.2009 provided guideline for fixation of revised pay scale as per Annexure -B to the counter -affidavit. The pay scale of the petitioner was fixed Rs. 18370/ - as on 01.01.2006 and Rs.18930/ - as on 01.07.2006, however, petitioner is at liberty to seek post decision remedial hearing by filing a representation before District Accounts Officer, Bokaro who passed order of correction of pay scale of the petitioner. Therefore, the fixation of Rs.19500/ - was wrong fixation and whatever excess amount petitioner received pursuant to pay fixation of Rs.19500/ - is without authority of law and it is the settled principle of law that any amount received by the recipient without authority of law, then the said amount recoverable through the process of law.