SAHDEOYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties. This writ petition is directed against the order dated 26.7.2001 (Annexure-1), passed by the Superintendent of Police, Munger, whereby recovery is sought to be made from the post-retirement benefits of the petitioner on account of money benefits illegally/wrongly granted to him while in service.

(2.) ACCORDING to the writ petition, the petitioner superannuated from the services of the Bihar Government while functioning as Sub-Inspector of Police in the district of Munger. The petitioner has since been granted provisional pension who waits finalization of his pension papers. Before the same could be done, he has been visited with the impugned order wherein it is stated that the petitioner never passed the Hindi Noting and Drafting examination notwithstanding which he was granted the increments admissible to an employee who has successfully passed the Hindi Noting and Drafting examination. The same could be detected at a late stage and, therefore, detailed calculation has been made in the impugned order and is sought to be recovered from the post-retirement benefits being paid to him.

(3.) IT is thus manifest that the amount in question is recoverable from the petitioner at the present stage. We may emphasises, as has been stated by the Division Bench, that the question of such recovery after superannuation is not a rule of law, but a rule of compassion, applicability of which will depend on the facts and circumstances of each case and the attendant circumstances. We cannot close our eyes to the realities of this State which is passing though an unprecedented financial crisis. After division of the State of Bihar w.e.f. 15.11.2000, the present Government is able to meet only 75% of its establishment cost from its revenue. In other words, it is not able to meet its entire establishment cost from its revenue and is unable to pay the legitimate dues of its employees and meet other legal obligations, let alone the question of excess payment to its employees.