KRISHNA NARAYAN BANERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) PRESENT writ application has been filed for quashing of Annexure -8, by which a letter has been written by the Deputy Secretary, Finance Department to the Deputy Superintendent, Secretariat Press, Gulzarbagh, Patna dated 20.4.2002, by which it has been contended that the petitioner retired in the pay scale given therein be treated from 31.7.1992 and as far as recovery of the extra payment for two years for which the petitioner had further worked it has been stated that decision would be taken subsequently.

(2.) CONTENTION on behalf of the petitioner is that as the petitioner has been allowed to work till .31.7.94 at this belated stage when he had already superannuated in 1994 after nearly eight years it was not open to the Respondents to change the date of birth and make the petitioner superannuate from a date which was not the date, actually on which, he had superannuated. It has further been contended that there was no question of another recovery or consideration for the same, as he had been paid his salary only for a period when he had discharged his duties in the Government Press.

(3.) LEARNED State counsel, on the other hand, states that though a departmental proceeding had not been initiated but the department has not closed the matter, as again in 1994 by Annexure -5 the same Finance Department had written to the Superintendent, Government Press, Gulzarbagh vide Annexure -5 dated 27 October, 1994 stating therein that as a decision for initiating a departmental proceeding is pending against the petitioner he be given only provisional pension. It has further been contended that as far as accepting his date of birth as per the matriculation certificate cannot be accepted, as he had passed the matriculation examination subsequent to entering into service and his own declaration which were there at the time of entering into service as contained in Annexure -8, it would be quite clear that he had himself accepted as being 18 years when he had entered into service. Today he cannot be allowed to turn back and take benefit of a document which he has subsequently obtained in view of his passing of matriculation examination in which he had himself filled up his date of birth. The aforesaid facts get support from the Rule 96 of Bihar Finance Rules.