KRISHNA PRATAP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred for issuance of an appropriate writ, order or direction for quashing the order dated 21.9.2002 issued by the respondent No. 4 whereby and where under the pay scale of the petitioner has been reduced from Rs. 6500 -10500/ - to the pay scale of Rs. 5500/ - - Rs. 9000/ - without giving any notice to the petitioner. His further prayer is for issuance of an appropriate writ, order or direction for confirming the pay scale of the petitioner on the pay scale of Rs. 6500/ - -10500/ - since the a foresaid scale was authenticated by the District Accounts Officer, Giridih as Branch Office of the Finance Department as competent authority in the matter of fixation of pay and further for issuance of a writ In the nature of mandamus commanding upon the concerned respondents to forbear from giving effect to or acting pursuant to or In furtherance of the said impugned order dated 21.9.2002.

(2.) AFTER detailed argument parties have agreed that since the petitioner has retired and there was an order of stay of recovery with regard to the pay scale of Rs. 6500/ - to Rs. 10500/ - which was being extended and withdrawn vide impugned order dated 21.9.2002 the same will not be recovered.

(3.) BE that as it may, it will be in the interest of justice to direct the respondent not to claim the refund since it is an admitted care that the petitioner has never misrepresented or it was due to his fault that the scale was extended to him and Instead the scale was paid after order Issued from two authorities I.e. General Manager as well as local authorities I.e. District Accounts Officer.