BHUBNESHWAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sunil Kumar, learned counsel appearing on behalf of the petitioner, Mr. N.K.Sinha, learned AAG-10 for the State and the learned counsel appearing on behalf of the Accountant General.

(2.) The petitioner who retired from the post of Sub Inspector of Police with effect from 31.1.2004 had filed the writ petition for payment of his post retiral benefits on the basis of the last salary drawn. A further prayer was made for refund of the amount of Rs.38,893/- which had been withheld by the respondents.

(3.) An order to this effect was passed as contained in a letter dated 9.7.2004 (Annexure-3) written by the Superintendent of Police, Munger addressed to the Treasury Officer, Jehanabad wherein it has been stated that by reason of the incorrect pay fixation, the petitioner had drawn an excess amount of Rs.38,893/-and which has to be recovered from his pensionary entitlements. Following the said direction as contained in Annexure-3, the amount of Rs.38,893/- was recovered from the gratuity amount of the petitioner.