JUDGMENT: D.G.R. Patnaik, J.-The petitioner in this writ application has prayed for issuance of a writ of mandamus commanding upon the respondents to revise the petitioner's pension in accordance with the last pay drawn by him on the date of his retirement in the scale of pay of Rs. 37005700/- and for an order directing the respondents to modify the Pension Order No. 3089 dated 11.9.2002 (Annexure-10) issued under the signature of respondent no. 3 considering the time bound promotion of the petitioner as allowed from 1.9.1985 instead of 31.8.1992. 2. The facts of the case in brief are as follows:- 3. The petitioner was a permanent employee of Birsa Agriculture University, Kanke, Aanchi. He retired from the post of Assistant Director (Administration) on 30.1.1993. His candidature was considered by the Evaluation Committee constituted in accordance with Clause 17.2(a) of the Statute of the University and by its resolution dated 19.3.1990 the Evaluation Committee recommended for the petitioner's time bound promotion in the pre-revised scale of Rs. 1200-1900 w.e.f. 1.9.1985. The Board of Management accepted the recommendation of the Evaluation Committee and by resolution adopted at its meeting held on 23.10.1990, a decision was taken to grant time bound promotion to the petitioner. Pursuant to the decision, a notification was issued vide memo no. 3723 dated 31.10.1990 under the signature of the Vice-Chancellor under which the petitioner was granted time bound promotion in the pay scale of As. 1200-50-1300-6-1900 with effect from 1.9.1985. In terms of the resolution of the Finance Department of the State Government dated 30.12.1981, the revised pay scale of the petitioner on his promotion was fixed at Rs. 3700-5700/- and on the date of his retirement, the last pay drawn by him on 31.10.1993 was in the scale of Rs. 3700-5700. 4. However, almost one year after his retirement, a notification dated 1.9.1994 (Annexure-6) was issued under the signature of the Vice-Chancellor whereby the time bound promotion given to the petitioner vide Annexure-5 dated 31.10.1990, was cancelled with retrospective effect. Later, by the impugned order dated 11.9.2002 (Annexure-10) issued under the signature of the respondent 3, the petitioner was allowed time bound promotion in the pay scale of Rs. 3000-4500/- from 31.8.1992. On the basis of the order cancelling the petitioner's time bound promotion earlier granted, the respondent. Later, by the impugned order dated 11.9.2002 (Annexure-10) issued under the signature of the respondent 3, the petitioner was allowed time bound promotion in the pay scale of Rs. 3000-4500/- from 31.8.1992. On the basis of the order cancelling the petitioner's time bound promotion earlier granted, the respondent. University fixed the pension of the petitioner on the presumptive pay of a lower scale and not on the basis of the actual pay drawn by him at the time of his retirement. 5. The petitioner has challenged the impugned order of cancellation of his time bound promotion w.e.f. 1.9.1985, as being illegal, arbitrary, mala fide and violative of the principles of natural justice, since prior to taking such decision long after his retirement, no notice was served on him. 6. Mr. R.S. Majumdar, learned counsel for the petitioner, submits that the decision to grant time bound promotion to the petitioner w.e.f. 1.9.1985, was taken by the Evaluation Committee comprising of high ranking Administrators and Scientists of the University including the Director Resident Instruction-cum-Dean, Post Graduate Studies; Dean, Faculty of Forestry, Director Administration and Director Extension Education. The decision was on the basis of the fact that the petitioner had entered service under Ranchi Agricultural College on 7.3.1955. Later, he was transferred to the Rajendra Agriculture University, Pusa on 17.4.1971. Subsequently, on acceptance of his option for absorption in the Birsa Agriculture University, Ranchi, the petitioner joined the Birsa Agriculture University on 1.9.1982. The petitioner being a permanent Government servant, the entire period of his service rendered by him in the regular pensionable Establishment under the State Government has to be taken into account in calculating his pension. Since the petitioner's absorption from Rajendra Agriculture University to Birsa Agriculture University was made by the State Government under special order dated 6.1.1982 and communicated to the Vice-Chancellor, Birsa Agriculture University under memo no. 2021 dated 26.4.1982, for the purpose of maintaining continuity of service, it has to be deemed that the petitioner was in continuous service since the date of his joining in service under the Ranchi Agriculture College on 7.3.1955. The petitioner after joining the service on 7.3.1955 got his first time bound promotion on 1.4.1981. He was recruited to the post of Assistant Director (Administration) on 1.9.1982. His second time bound promotion therefore fell due on completion of 25 years of service on 7.3.1980. The petitioner after joining the service on 7.3.1955 got his first time bound promotion on 1.4.1981. He was recruited to the post of Assistant Director (Administration) on 1.9.1982. His second time bound promotion therefore fell due on completion of 25 years of service on 7.3.1980. However, as per Rules, since one could be promoted to the next grade in the time bound promotion only after completion of three years service in the present scale of pay, his 2nd time bound promotion, as rightly assessed by the Evaluation Committee, became due on 1.9.1985. 7. Per contra, the stand taken by the respondents in their counter affidavit is that the petitioner had actually joined service under the Birsa Agriculture University on 1.9.1982 and not on 7.3.1955. As per the resolution of the Board of Management dated 30.12.1981, the petitioner could be entitled to time bound promotion on completion of 10 years of service which he completed on 31.8.1992. Time bound promotion was given to the petitioner accordingly with effect from 31.8.1992. The promotion given to him by the earlier notification was on the basis of an erroneous impression that the petitioner had joined service on 7.3.1955. The respondent did have the authority to rectify the error and revise its order regarding the date of time bound promotion and to fix the pension payable to him in accordance with the scale of pay which was legally permissible. Since the petitioner had already retired from service, the respondent, instead of realizing the excess amount drawn by the petitioner on the basis of the erroneously calculated pension, had merely revised the pension amount according to what was legitimately due to him. 8. The definite stand taken by the. petitioner is that he had joined service in the Ranchi Agricultural College on 7.3.1955 and was later on transferred to the Rajendra Agriculture University, Pusa, on 17.4.1971. He was subsequently absorbed in the Birsa Agriculture University where he joined on 1.9.1982 in the post of Assistant Direttor (Administration). The absorption of the petitioner in the Birsa Agriculture University from Rajendra Agriculture University was made by the State Government under spe- . cial order dated 6.1.1992 communicated to the Vice-Chancellor, Birsa Agriculture University under memo no. 2021 dated 26.4.1982. The aforesaid facts have not been denied or disputed by the respondents. The absorption of the petitioner in the Birsa Agriculture University from Rajendra Agriculture University was made by the State Government under spe- . cial order dated 6.1.1992 communicated to the Vice-Chancellor, Birsa Agriculture University under memo no. 2021 dated 26.4.1982. The aforesaid facts have not been denied or disputed by the respondents. It has also not been denied that the petitioner was employed as a permanent Government servant and he has shown continuity in service as a permanent Government servant since the date of his joining service on 7.3.1955 till the date of his retirement on 31.10.1993. 9. These aspects were duly considered by the Evaluation Committee which by its resolution dated 19.3.1990 had recommended petitioner's second time bound promotion with effect from 1.9.1985. It is not the case of the respondents that the petitioner had misrepresented facts before the Evaluation Committee. Therefore, the petitioner cannot be denied the benefit of continuity of service and the pel'1sion payable to him during the period he was in employment as Government servant initially under the Ranchi Agriculture College and later on, under the Rajendra Agriculture University. Even otherwise, as appears from the afore- said facts, the cancellation of the order of time bound promotion was made more than an year after superannuation of the petitioner and that too, without giving him any prior notice or an opportunity to explain the essential facts. Such acts of the respondents is against principles of natural justice and is per se illegal. 10. For the aforesaid reasons, I find merit in this writ petition. Accordingly, the petitioner's prayer is allowed. The respondents are directed to revise the petitioner's pension in accordance with the last pay drawn by him in the scale of pay of Rs. 3700-5700 and to modify the Pension Order No. 3089 dated 11.9.2002 (Annexure-10). Time bound promotion of the petitioner is allowed from 1.9.1985 instead of 31.8.1992. The above direction shall be carried out by the respondents within two months from the date of this order.