SEEMA SAHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) During the pendency of the writ application, the original petitioner-Shyama Pada Saha died leaving behind his widow and sons, who have been substituted vide order dated 11.10.2011; hence for the sake of convenience, the deceased petitioner-Shyama Pada Saha shall be referred to as "original petitioner".

(2.) In the instant writ application, the original petitioner has inter alia prayed for direction upon the respondents not to recover any amount and downgrade the pay-scale of the petitioner for the purpose of fixation of final pension and further prayer has been made for quashing order dated 06.06.2009 issued from the office of Accountant General, Jharkhand.

(3.) The facts, shorn of unnecessary details, as delineated in the writ application is that the original petitioner was appointed as Science Teacher having qualification of B. Sc. (Hon) and Trained degree on 18.10.1973 in the erstwhile district of Santhal Pargana. By passage of time, he was granted I.Sc. Trained Scale w.e.f 24.08.1976 and thereafter B.Sc Trained Scale w.e.f 01.05.1980 and further granted senior selection grade from 01.04.1992. It has further been alleged that during his service tenure, he was transferred to Sahebganj and Pakur district and lastly he retired on 31.12.2006 after attaining the age of superannuation. It has further been averred that after his retirement, the original petitioner submitted all relevant papers for fixation of pension and accordingly his pension was fixed at Rs. 10,100.00, which was the last drawn salary of the petitioner. But, ignoring these facts, the pay-scale of the petitioner was downgraded and order of recovery was passed vide order dated 06.06.2009, as evident from Annexure 1 to the writ application.