The main legal point established in the judgment is that the entitlement to additional increment upon promotion is determined by the relevant rules and resolutions, and misinterpretation of these rules should not result in the recovery of excess payments.

JUDGMENT :

Heard Dr. Raj Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. U.K. Singh, learned AC to SC-13 for the State.

2. The present writ has been filed for the following reliefs:-

“That the present petition is being filed for quashing of fixation of salary of the petitioner dated 27.06.2016 and thereafter to fix salary of the petitioner considering the benefit of promotion of Graduate Teacher grade granted by letter no. 870 dated 29.06.2012 in the grade pay of PB-2 9300-34800/-grade pay 5400 with 3% promotion increment. It is further prayed that upon aforesaid fixation of salary final pension and gratuity may be fixed and paid to the petitioner from the date of such entitlement.”

3. The petitioner was appointed as Assistant Teacher in pay scale of Rs.296-423/-on 21.01.1997. The petitioner was granted first time bound promotion after completion of 12 years of service w.e.f. 01.04.1989 for which the pay scale of Rs.1400-2600 was applicable and after revision the pay was fixed in PB-2 9300-34800 Grade Pay 4600. Thereafter, the petitioner was granted second time bound promotion after completion of 24 years of service on 31.12.2015 w.e.f. 01.09.2011 in the revised scale of PB-2 Rs.9300-34800, Grade Pay 4800 vide Letter No. 1385 dated 31.12.2015. Thereafter, vide Memo No. 870 dated 29.06.2012, the petitioner was promoted to Graduate Teacher w.e.f. 02.07.2012. The petitioner after serving about 36 years of service retired as Assistant Teacher on 28.02.2013 while working in Upgraded Middle School, Khakhra, Sheikhpura. After retirement of the petitioner from service, taking into consideration first and second time bound promotion, the salary of the petitioner was fixed for Rs. 24520/-w.e.f. 01.09.2011 and in view of the Memo No. 870 dated 29.06.2012 by which the petitioner was promoted to the post of Graduate Teacher w.e.f. 02.07.2012, the salary of the petitioner was enhanced to Rs. 26020/-by adding 3% of promotional increment.

4. Petitioner is aggrieved by the action of the District Programme Officer (Establishment), Sheikhpura who vide Letter No. 830 dated 21.03.2016 sent letter to the Head Master to re-fix the pay of the petitioner in light of the Circular No. 630 dated 21.01.2010 and in light of the Notification No. 940 dated 01.09.2011. Petitioner has stated that since the letter was adversely affecting the petitioner, the authority was required to issue show cause, however, such decision was taken without issuing show cause and pay of the petitioner was reduced from Rs.26020/-to Rs. 25260/-on 06.01.2016 and gratuity was also reduced proportionately on 27.06.2016. The competent authority of the department sent the service book of the petitioner to the Accountant General for re-fixation of the pay and emoluments vide Letter No. 95 dated 22.01.2019 and accordingly, the Accountant General issued authorities under P.P.O. No. 20131123920P3 @ Rs.12650/-(Basic Pension) with Grade Pay of Rs. 4800/-per month and gratuity for Rs.1188/-after adjusting Rs.7,50,222/-(earlier paid) from the admissible gratuity for Rs. 7,51,410/- on 22.02.2019.

5. Today, the petitioner is unrepresented.

6. Learned counsel appearing on behalf of the State at the outset submitted that the case of the petitioner is squarely covered by the decision of a co-ordinate Bench of this Court passed in C.W.J.C. No. 10681 of 2017 (Tej Pratap Vs. The State of Bihar) and another analogous cases which was disposed of vide order dated 26.07.2022 by which this Court had rejected the claim of fixation of pension of the petitioners on the basis of their last pay drawn. The Court considered the entire gamut of the matter and the relevant provisions of the Departmental Promotion Rules as well as the Resolution of the Finance Department, Government of Bihar dated 21.01.2010, mainly its Clause-12(a).

7. Similar statement was made by the Accountant General as in the present case, in the counter affidavit, promotion of the petitioner in Pay scale of Rs. 9300-34800