PARAS NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was appointed on the post of Orderly in the Department of Planning and Development in the State of Bihar and he has since retired. In 1972, more precisely on 29th of August, 1972, the appellant was promoted to the post of Machine Boy and subsequent to such promotion, he was made Routine Clerk on 13th of June, 1974 and was allowed to function as such on the said post. On 15th of April, 1995, the appellant was given provisional First Time Bound Promotion with effect from 13th of June, 1984. After about 10 years, more precisely on 19th of September, First Time Bound Promotion granted to the appellant was cancelled. In view of such cancellation of promotion, direction was issued by the State/Respondent to recover Rs. 1,01,529.50 from the salary of the appellant at the rate of Rs. 5000/- per month.

(3.) Aggrieved by the aforesaid order directing recovery, the appellant filed a writ petition before the High Court of Judicature at Patna contending that since the time bound promotion given to him was at the fag end of his employment and that the appellant, once having worked in the time bound promotional post, recovery against him was not justified. The writ petition, however, was dismissed by a learned Judge of the High Court and affirmed by a Division Bench of the High Court in a Letters Patent Appeal.