RAJENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ application, the petitioner seeks a writ of certiorari for quashing a Memo No. 801 dated 26.03.2011 issued by the Secretary, Social Welfare-cum- Director, I.C.D.S. whereby and whereunder the benefits of the 6th pay revision which have been provisionally granted to him has been withdrawn and a direction has been issued for recovery of sum of Rs. 1,03,429/- be recovered from the petitioner as the same has been granted to him on account of wrong fixation of salary.

(2.) Learned counsel for the petitioner submits that the petitioner along with others was appointed on the post of Assistant vide office Order No. M/3082 dated 31.01.1985 in the Biscomaun Rice Mill Project, Bikramganj, Rohtas. Subsequent to the decision of the State Government to wind up non-viable Boards and Corporation, such employees, who have been declared surplus, were adjusted against the vacancies available in different departments of the State Government and, accordingly, vide Memo No. 7309 dated 06.12.1996, the petitioner was sent on deputation in the I.C.D.S., Directorate under the Welfare Department. The petitioner submitted his joining on the post of Assistant in the I.C.D.S., Directorate on 13.12.1996 but such employees of the Biscomaun, who were sent were made to accept the lower post and lower pay scale which necessitated the filing of C.W.J.C. No. 10016 of 2007 which was disposed off on 06.04.2011 with a direction to the respondents to pass necessary order of absorption. The operative portion of the order passed in C.W.J.C. No. 10016 of 2007 is extracted hereinunder :-

(3.) The petitioner along with others were absorbed in the I.C.D.S. Directorate on the post of Assistant and subsequent thereto he was also granted benefits of 6th pay revision. However, the District Programme Officer issued a letter dated 19.01.2011 stating therein that the benefits of the 6th pay revision has been granted on the basis of the application made by the petitioner himself whereas the same has not been granted to any other employee and, hence, the excess amount of Rs. 1,03,429/- is recoverable from him. The petitioner then filed a several representations on 19.05.2014, 10.07.2014, 31.07.2014, 01.04.2015 and 22.04.2015 addressed to the Director, I.C.D.S., Directorate with a request to consider his case and refund the amount deducted from his salary, but the respondents did not pay heed to his request and having failed in all his efforts, the petitioner has filed the present writ application seeking appropriate relief for grant of 6th pay revision and for refund of the amount which has been recovered from him.