BHUNESHWAR RAVIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the Letter No. 2470, dated 07.10.2015 (Annexure-12/1), issued by the respondent no. 6 whereby pensionary benefits allowed to him with effect from 01.02011 has been reduced from the post of Deputy Director (Administration) to the post of Assistant Director (Administration) and a direction has been issued to recover the extra paid amount on the basis of letter dated 14.08.2015 (Annexure-12). Further prayer has been made to release the unpaid period of pension against the post of Deputy Director (Administration) with effect from Aug., 2015 till the date of payment, both arrears and current, along with interest at the rate of 18% per annum.

(3.) The factual exposition as has been delineated in the writ petition is that petitioner was appointed as a Typist - Clerk on temporary basis by Rajendra Agricultural University, Bihar, Patna. The said appointment was extended till further orders vide order dated 09.0197 On 17.12.1974, on the basis of competitive examination conducted by the University, petitioner was selected and appointed on permanent post as a Routine Clerk. On 31.05.1977, he was transferred and posted at Ranchi from Rajendra Agricultural University, Pusa under the Executive Engineer, RVC, Kanke, Ranchi. After creation of Birsa Agricultural University, the service of the petitioner was finally allocated to Birsa Agricultural University, Kanke, Ranchi on 202.1982. Subsequently, vide office order no. 2235, dated 14.05.1984, pay scale of the petitioner was fixed by the Birsa Agricultural University, Kanke, Ranchi and vide No. 3419, dated 11.06.1977, the Rajendra Agricultural University notified that due to allocation of service from the old University to the newly created University, the service benefits of the petitioner shall not be affected. Petitioner was thereafter promoted to the post of Sec. Officer and accordingly pay fixation was made on 05.06.1991. Thereafter, vide Office Order No. 484, Dated 14.02.1994, petitioner was promoted from the post of Sec. Officer to the post of Assistant Director (Administration) in the pay scale of Rs. 2,200 - 4,000. Birsa Agricultural University had sanctioned the post of Deputy Director (Administration) by the Board of Management held on 11.09.1981 and sent the same for approval before the Government. Vide office order no. 3280, dated 28.09.2002, petitioner was further promoted to the post of Deputy Director (Administration) in the pay scale of Rs. 3,000 -4,500. The said post was sent before the Board of Management for its approval, which was duly approved and further confirmed by the University on 20.12.2003 vide office order no. 4883 with effect from the date of his promotion and salary was accordingly fixed. The salary of the petitioner was made against the post of Deputy Director (Administration) vide Memo No. 1736, dated 20/21 April, 2005. Petitioner was thereafter made to superannuate on 31.01.2011 vide Notice No. 4199, dated 29.09.2010 on attaining age of 60 years and his pension was fixed on 009.2012 in the pay scale of Rs. 12,000 - 16,500 and he started drawing pension in the actual pay scale against which he retired.