The central legal point established in the judgment is the interpretation and application of the Finance Departments Resolution No. 4245 dated 16.7.1985 and Finance Departments letter no. 4756 dated 4.8.1987 in determining the petitioner's entitlement to retirement benefits.

1. Petitioner has retired from the post of Supervisor on 31.12.2003 from Malwari Chaukee Rearing Centre, Pirpainty, Bhagalpur. This application has been filed by the petitioner for quashing the following "order:

(1) The order contained in memo no. 1091 dated 13.10.2004.

(2) The order bearing memo no. 1119 dated 29.10.2004 by which leave encashment of the petitioner has been determined at reduced pay and order for recovery was passed.

(3) Letter bearing memo no. 1120 dated 20.10.2004 by which pension and gratuity has been fixed in the reduced scale and order for recovery of the excess amount of gratuity has been passed.

(4) Letter bearing memo no, 1138 dated 4.11.2004 by which the petitioners pay was refixed on the reduced scale and retirement benefits have been re-determined on the basis of reduced pay and order for recovery has also been passed.

2. Petitioner has further prayed tor a direction to the respondents to revise the order in letter no. 109 dated 24.1.2004 and the order contained in memo no. 190 dated 25.2.2004 by which leave encashment and group insurance have been sanctioned. Further prayer of the petitioner is to restrain the respondents from recovering any amount from the retirement benefits of the petitioner.

3. During the pendency of this application I.A. No. 901 of 2006 has been filed by the petitioner with a prayer to quash the letter no. 158 dated 1.2.2006 whereby the benefits of first time bound promotion earlier given to other Overseers who were promoted to the post of Supervisor before 1.4.1981 have been cancelled.

4. Petitioner was appointed as Overseer in the pay scale of Rs. 45-75 on 31.1.1962. He was promoted to the post of Supervisor/Special Inspector vide order dated 27.8.1979 in the pay scale of Rs.296-460. The petitioner was adjusted to the post of Supervisor due to non-availability of the post of Special Inspector. Recommendation of the 4th Pay Revision Committee was accepted by the State of Bihar vide Resolution No. 10770 dated 30.12.1981, and the pay scale of Supervisor was revised to Rs.580-860 with effect from 1.4.1981. The report of Pay Anomaly Committee came on 15.1.1987 and the pay scale of Overseer and Supervisor was made equivalent with effect from 1.1.1986. The recommendation made by the Pay Anomaly Committee was accepted by the State Government, vide Resolution No. 224 dated 15.1.1987 but so far the monetary benefit is concerned, it remained notional effect from 1.1.1986 and actual benefit was given with effect from 1.3.1986.

5. Petitioner was given first time bound promotion with effect from 1.3.1986 in the pay scale of Rs. 680-965 in terms of recommendation of 4th Pay Revision Committee vide order dated 2.3.1989. Subsequently, the recommendation of the Fifth Pay Revision Committee was accepted by the State Government vide Resolution No. 6021 dated 10.12.1989 and pay scale of Overseer/Special Inspector was revised to the scale of Rs.1200-1800 with effect from 1.1.1986. Petitioner was given second time bound promotion with effect from 31.1.1987 in the pay scale of Rs. 730-1080 and again on the basis of recommendation of the 6th Pay Revision Committee, the pay to the post of Overseer/Special Inspector was revised to the scale of Rs. 4000-6000 vide Resolution No. 660 dated 8.2.1999 by the State Government. In terms of recommendation of the Pay Anomaly Committee, the earlier revision of pay scale of overseer in the scale of Rs. 580-860 was partially modified and the date of time bound promotion was shifted with effect from 31.4.1981. The date of the second time bound promotion was also modified and shifted to 31.1.1987 which was earlier with effect from 25.11.1989.

6. Petitioner availed the benefit of first and second time bound promotion and finally availed the benefit of replacement pay scale on the basis of recommendation of the 6th Pay Revision Committee. He superannuated from the post of Supervisor on 31.12.2003.

7. While the petitioner was in service the Assistant Director,