Judgment:
Ajit Kimar Singh, J.
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was an order of stay of recovery with regard to the pay scale of Rs. 6500/- to Rs. 10500/- which was being extended and withdrawn vide impugned order dated 21.9.2002 the same will not be recovered.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. It goes without saying that the order is punitive in nature and Involves civil consequences and there Is an admission on the part of the respondents In the counter affidavit that this was extended due to the counter signature of the local authority i.e. District Accounts Officer and even statement of respondents at para-15 of the counter affidavit is quoted as under:
That with regard to para-31 it is stated that the post graduate scale of Rs. 6500-10500/- for economic investigator or industries Department is a conditional scale and for this No separate resolution has been issued by the Finance Department as yet rather the scale of Rs. 5500-9000/- mentioned in schedule-1 for this post by finance Department resolution No. 660 dt. 8.2.99 has been allowed to all the incumbents of economic investigator.
So far as allowing two separate scale of Rs. 5500-9000 and Rs. 6500-10500 is concerned it is not tenable Rs. 78S-l 210 and Rs. 850-1360 which was accepted by the finance Department Govt of Bihar vide its resolution No. 262 S dt 1.5.87(Annexure-l of the writ). Thereafter through the finance Department resolution No. 6021 dt 18.12.89(Annexure-F) a single scale of Rs. 1640-2900 was sanctioned to the post of economic investigator now which is followed by Rs. 5500-9000/-(Normal one replacement scale).
4. 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.
5. I have also considered the report of the Fitment Committee and the recommendation thereto but the statement at para-15 of the counter affidavit as mentioned above, specifically indicates that in absence of resolution the same could not have been extended and when the new Fitment Committee Report has already come it will be in the interest of justice to direct the respondent authority to take a decision in this regard within a period of three months from the date of receipt/production of a copy of this order and in case if it is in favour of the Petitioner he will also be given prior benefit accordingly.
This writ petition Is partly allowed.