DAROGA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS appeal is directed against the order dated 9th November, 2001 passed by the learned Single Judge allowing review application filed by the Respondents -State and recalling earlier order dated 28 -7 -1999 passed in C.W.J.C. No. 8069 of 1997 by which the order passed by the Accountant -General deducting excess salary paid to the appellant from his post retrial benefits had been quashed.

(3.) AFTER the superannuation of the appellant, it appears that a letter was issued by the State Government on 15 -1 -1998 granting him scale of Rs. 975 -1,540, as a result of which he was granted benefit of the said enhancement of salary by making payment of differential of salary. The office of the Accountant -General raised objection and thereafter, the order dated 10 -8 -1998 was issued directing recovery of arrears in pursuance of which the consequential order dated 25 -9 - 1998. was passed by the State Government. Both the orders were challenged by the appellant in C.W.J.C. No. 8069 of 1997 which was allowed by this Court vide order dated 28 -7 -1999 mainly on two grounds; firstly, that once the pay scale of the appellant was fixed, the authorities were not justified to review the same and secondly, the appellant had already superannuated from service and as such the amount of salary already paid to him should not have been recovered from his retirement benefits without giving opportunity of hearing to the appellant.