CHHANGUR LAL GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this writ petition is aggrieved by wrong fixation of his pay and by the consequential orders contained in Annexures 5 and 7 to the amendment petition, whereby recovery is sought to be made from his pensionary benefits.

(2.) IT appears that the dispute with respect to the fixation of pay of the petitioner and several other similarly situated persons were agitated before the Labour Court, Purnea in Misc.Case No.1 of 1994. and the Labour Court on detail consideration vide its Award dated 24.3.1995 contained in Annexure 1 held that reduction of scale from Rs. 1400 -2300 to 1200 -1800/ - with effect from August, 1992 was wrongly done in contravention of the rules. Accordingly, the Labour Court held that the recovery made from the petitioner was contrary to taw and further directed for payment of the said amount. However, meanwhile the petitioner superannuated from service on 1.3.1994 and since thereafter he has been kept deprived of his pensionary benefits on account of raising unnecessary dispute as regards the fixation of his salary and making recovery vide Annexures 5 and 7 issued by the Accountant General (respondent no.4).

(3.) ACCORDINGLY , the writ application is allowed. The impugned orders issued by the Accountant General (respondent no.4) contained in Annexures 5 and 7 to the amendment petition are hereby quashed and the respondents are directed to take steps for issuance of sanction order authority slip for payment of the entire dues of the petitioner accordingly within two weeks of the receipt/production of the copy of this order.