JUDGMENT :

Heard through V.C.

2. The instant writ application has been preferred by the petitioner for following reliefs:

“a. For quashing the entries made in Service Book in the year 2014-15 by the respondents wherein the basic pay-scale of the petitioner has been reduced from Rs.6750 to Rs.5300/- ten years after the retirement of the petitioner without giving any notice and the same is violative of principles of natural justice and without following the procedure enshrined in Rule 43-b of the Bihar Service Code and stay of all consequential action pursuant to such entries in Service Book, as alleged by the respondents-authorities.”

3. Mr. Anmol Anand, learned counsel for the petitioner submits that the moot questions involved in this writ application is “whether the action of the respondents in reducing the pay scale, that too, after ten years, is sustainable in the eye of law especially when the pay scale of the petitioner was reduced without giving any opportunity of being heard”.

4. The fact of the case as narrated in the instant writ application is that the petitioner was appointed on 18.05.1967 on the post of Co-operative Extension Officer in the pay scale of Rs.105-115/-. Subsequently, the petitioner was granted 1st ‘Time Bound Promotion’ vide order dated 14.04.1986 and his pay scale was enhanced to Rs.880-1510/- and since then the petitioner continuously worked on the said enhanced scale and retired on 31.01.2002.

At the time of retirement, the basic pay of the petitioner was fixed @ Rs.6750/- and accordingly his pension was also fixed. However, in the month of October 2013, the petitioner was called for signing the final pension papers wherein it transpired that the petitioner’s pay scale was reduced from Rs.6750 to Rs.5300/-.

Learned counsel contended that this reduction after retirement of the petitioner is non-est in the eye of law, inasmuch as, no order can be passed after the age of superannuation of any employee as the relation between employer and employee seizes after cessation of the service.

5. A counter affidavit has been filed in this case wherein at paragraph No.5 it has been stated as under:

“5. It is stated and submitted that the petitioner has not passed the Hindi noting and drafting examination, as such he is not entitled for salary increments. As enshrined in the regulation for Hindi examination issued by notification no.361 dated 15.06.1968. By observing the service book of the petitioner it appears that fixations of pay in the revised up graded scale on dates 01.01.1971, 01.04.1981, 01.01.1986 and 01.01.1996 have not been confirmed during his service period by finance department or by District Account officer because of non passing of Hindi noting/drafting examination. As per instruction of District Account officer, Hazaribagh vide letter no.652 dated 20.11.2013 on account of not passing the Hindi noting/drafting examination pay in the revised scale on dates mentioned above were reduced to initial scales and petitioner’s service book was sent to District Accounts officer, Hazaribagh for the confirmation of the same vide letter no.223 dated 23.05.2014. The petitioner’s service book was returned by the District Account Officer, Hazaribagh after confirmation of pay fixed in revised initial scales and as per pay fixed in initial scale his pension paper were sent to A.G. Jharkhand and consequently the PPO and GPO of the petitioner was issued by A.G. Jharkhand fixing his final pension.

i. To get information and facts regarding passing the Hindi Examination and confirmation of fixation of pay in the different revised scales, takes, time.

ii. The petitioner was in the knowledge of the fact that he has not cleared the Hindi noting and drafting examination. Moreover copies of letter sent to A.R.C.S, Garhwa concerning the above mentioned matter of petitioner such as letter no.130 dated 11.03.2003, No.218 dated 25.03.2004, No.80 dated 14.02.2006 and no.209 dated 18.06.2010 were also sent to petitioner.

iii. The action o