Judgment S. J. Mukhopadhaya, J. 1. The petitioner has challenged the order, contained in letter dated 22nd December, 1990, issued from the Finance department, by which they have demerged the cadre of Junior Accounts clerk and Senior Accounts Clerk, and it has been ordered to recover the amount from the persons, who have received salary of the higher post of Senior Accounts Clerk since 1981, because of earlier order of merger. 2. Further prayer has been made for direction on the Respondents to refund a sum of Rs.20,000/-, which has already been deducted from the salary of the petitioner and to refix the post retirement benefit of the petitioner, including pension, provident fund, leave encashment, gratuity etc. treating the petitioner to have continued against the post of Senior Accounts Clerk by virtue of the earlier order of merger. The petitioner was initially appointed on 1st February, 1963 in the Vishwa bank Pariyojna under the Respondent state. His services were terminated on 1st September, 1967. Subsequently, the petitioner was appointed on 11th October, 1971 in the Rural Engineering organisation as Junior Accounts Clerk. Prior to 1980, there were two posts in the cadre of Accounts Clerk, namely, junior Accounts Clerk and Senior Accounts clerk. On the basis of decision of the State Government issued in the year 1980, the posts of Junior Accounts clerk and Senior Accounts Clerk were merged in the year 1980. However, when the recommendation of the fourth pay Revision Committee was accepted by the State Government, after such merger, vide Resolution dated 30th december, 1981, the post of Junior accounts Clerk and Senior Accounts Clerk were provided with two different scales of pay. The different scale for two posts were also affirmed by the pay, namely removal Committee. Thereafter, the respondents-State came but with the impugned order dated 22nd november90 (Annexure-2/1) by which while giving reference of the aforesaid recommendation , of the fourth Pay revision Committee, accepted by the government, it was ordered to treat demerger with respect to the post of junior Accounts Clerk and Senior Accounts Clerk, which was known as Accounts Clerk after its earlier merger. In pursuance of the impugned order dated 22nd November, 1990, the petitioner was treated to be a Junior Accounts clerk and it was ordered to recover the excess amount that was paid to the petitioner since 1-4-1981 and a sum of rs.20,000/- was recovered from the salary of the petitioner. The petitioner retired from service on 28th February, 1994. Thereafter, the petitioner has been provided with the post retirement benefits, but not in the scale of pay of senior Accounts Clerk, which was granted to the petitioner because of earlier order of merger. 3. It is further alleged that while in service, the petitioner was not granted salary and increments for certain period and has been provided with reduced scale of pay since March, 1989 till the date of retirement. Subsequently, time bound promotion was also granted. 4. A counter-affidavit has been filed on behalf of the Respondents. The counsel appearing on behalf of the state submits that the posts of Junior accounts Clerk and Senior Accounts clerk had two different scale of pay prior to 1-5-1980. While the post of junior Accounts Clerk had a lower scale of pay, the post of Senior Accounts clerk had a higher scale of pay, i. e. Rs.220- 315 and Rs.260-408, respectively. It is submitted that the State Govt. merged the scale of pay of Junior accounts Clerk and Senior Accounts Clerk with effect from 1-5-1980, though they had a different qualification for entering against those posts. It is stated that after the recommendation of the Pay revision Committee when the same was accepted by the Government and two scales of pay were granted for the posts of Junior Accounts Clerk and Senior accounts Clerk, it was decided to demerge the post of Accounts Clerk again to that of Junior Accounts Clerk and Senior Accounts Clerk and on that basis, the impugned order dated 22nd november,1990, was issued. It is submitted that in view of the aforesaid development, the respondents have rightly deducted the amount from the salary of the petitioner and paid the salary in the scale of Junior Accounts clerk. 5. Admittedly, the post of Junior accounts Clerk and Senior Accounts clerk were merged since 1980 and they were provided with same scale of pay since 1-5-1980, and on such merger, the nomenclature of the post was changed to Accounts Clerk. 5. Admittedly, the post of Junior accounts Clerk and Senior Accounts clerk were merged since 1980 and they were provided with same scale of pay since 1-5-1980, and on such merger, the nomenclature of the post was changed to Accounts Clerk. By virtue of the said merger order, the petitioner being provided with the higher scale of pay with effect from 1-5-1980, there cannot be any presumption that the cadre stood demerged after the recommendation of the fourth Pay Revision Committee and the petitioner stood reverted to the lower post of Junior accounts Clerk. The order of merger and/or demerger as can be issued by the state Government, but such order is to be issued by specific instrument. In this case, no merger order was issued in the year 1980, no demerger order was issued by the State Government till 22nd november, 1990. In fact, the letter dated 22nd November, 1990 also cannot be strictly to be treated an order of demerger, the same being a communication to the Accountant-General, bihar. In any case, on demerger, there being no specific order with respect to the petitioner, the petitioner cannot be treated to have been reverted to the lower post of Junior Accounts Clerk. If the recommendation of the fourth Pay revision Committee is accepted by the state Government with effect from 1-4-1981 any post if created after 1-4-1981 with the lower scale of pay of Junior accounts Clerk, only such post can be created to be a post with the lower scale of pay. However, all the posts of junior Accounts Clerk, which were separable prior to 1-4-1981, which stood merged with the higher post of senior Accounts Clerk with effect from 1-5-1980, those posts cannot be treated to be the post with the lower scale of pay of Junior Accounts Clerk. 6. Such being the position, the respondents cannot treat the Junior Accounts clerk since 1-4-1981, for they can recover any amount from the salary of the petitioner. 7. For the reasons stated above, the respondents are directed to treat the petitioner as Accounts Clerk even after 1-4-1981 till the date the petitioner retired from service. 6. Such being the position, the respondents cannot treat the Junior Accounts clerk since 1-4-1981, for they can recover any amount from the salary of the petitioner. 7. For the reasons stated above, the respondents are directed to treat the petitioner as Accounts Clerk even after 1-4-1981 till the date the petitioner retired from service. After treating the petitioner as Accounts Clerk, taking into account the time bound/selection grade promotion, if any, granted to the petitioner, refix the salary of the petitioner in the scale of pay which the petitioner was receiving since 1-4-1981 in the higher grade scale of pay. Whatever, the amount to which the petitioner will be found entitled on such refixation, including the amount which has already been recovered from the salary of the petitioner, such amount is to be paid in favour of the petitioner. The respondents will also pay interest @ 12% over the amount which has been recovered from the salary of the petitioner, which is to be calculated from the date of recovery till the date such amount is paid in favour of the petitioner. The respondents will also refix the post-retirement benefits of the petitioner, including pension, gratuity, provident fund, leave encashment etc. , taking into account the aforesaid refixation of salary in the higher scale of pay (Senior Accounts Clerk now Accounts clerk) will provide the petitioner with the consequential benefits, including arrears thereto. 8. It is needless to say that while refixing the salary of the petitioner in the higher scale of pay of Senior Accounts clerk/accounts Clerk, the respondents will release the increments to which the petitioner is entitled, under the law, and also release the arrears of salary, as stated above. 9. The aforesaid direction of this court is to be complied by the Respondents within a total period of four months from the date of receipt/production of a copy of this order. The writ petition stands disposed of with the aforementioned observations and directions. Order Accordingly