NAWAL KISHORE GUPTA Vs. T M BHAGALPUR UNIVERSITY

JUDGEMENT

(1.) Heard learned Counsels for the parties.

(2.) The petitioner upon his superannuation on 31st May, 2004 from the post of Mechanic in the Post Graduate Department of Physics under the respondent-University, was visited with two orders as per letter No. PEN-G-1728/ACC/1655/08 and PEN-G-1728/ACC 1653/08 both dated 17.09.2008 vide Annexures 13 & 14 respectively. Petitioner by the above orders was communicated to the effect that the pension payable to him was fixed on the pay-scale of Rs. 6500-10500/- instead of Rs. 3050-4590 and consequently the excess payment made to the petitioner amounting to Rs. 2,30,781/-towards the gratuity and pension is being recovered in instalments as mentioned in the said order.

(3.) Petitioners on being aggrieved challenged the aforesaid decision through a writ petition vide C.W.J.C. No. 15439 of 2008 disposed of on 12.11.2008 as contained in Annexure-2 1 of the writ application directing the University to dispose of the pending representation of the petitioner in this regard and to consider whether the fixation of pay-scale done by the Syndicate/Senate of the University is in tune with the relevant notification of the Government in this regard. The representation of the petitioner was accordingly disposed of by the University as per the order dated 20th January, 2009 as contained in Annexure-22 of the writ application upholding the recovery/realization of the aforesaid amount of Rs. 2,30,781/-, however there is no consideration as to whether the pay fixation done by the Syndicate/Senate is in consonance with the Government notification in this regard. Petitioner challenges the aforesaid order directing for recovery.