R.K. Merathia, J.

1. Petitioner has prayed for quashing the letter No, 1697 dated 3.6.2004 (Annexure-3) passed by the respondent No. 2 fixing the pension of the petitioner on the basis of Rs. 9670/- as last pay drawn instead of Rs. 10120/-.

2. Petitioners case is that he retired on 31.10.2000 as Accounts Assistant. He moved this Court, vide WP (S) No. 2298/03, for fixation of his pension on the basis of last pay drawn by him, which was disposed of on 25.9.2003 with a liberty to him to approach respondent No. 2 who, in turn, would enquire into the matter and determine as to whether pension of the petitioner was properly fixed, taking into consideration the last pay drawn by him or not (Annexure-1). He accordingly made representation. Petitioners claim has been rejected by the impugned order dated 6.3.2004 (Annexure-3).

Learned counsel for the petitioner relied on the cases of Arjun Prasad Yadav v. State, 2003 (4) JCR 682 and Narayan Singh v. State, 2004 (1) JCR 324, and submitted that this Court has directed for fixation of pension and gratuity on the basis of the last pay drawn even if the same was wrongly fixed.

3. Learned counsel for the respondents submitted that pursuant