STATE OF BIHAR Vs. KUSHESWAR NATH PANDEY

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 25th October, 2010 passed by the learned single Judge in C.W.J.C. No. 4369 of 2010, the respondents-State of Bihar and its officials have preferred this Appeal under Clause 10 of the Letters Patent. The respondent-writ petitioner joined the service as a Tracer (Blue Print) in 1979. By order dated 30th December, 1981, he was promoted as Correspondence Clerk effective from 1st September, 1981. By order dated 13th November, 1998 made by the Chief Engineer, Patna, the respondent-writ petitioner was extended the benefit of time bound promotion in the pay-scale of Rs. 1400-2300 effective from 1st September, 1991 (on completion of ten years' service as Correspondence Clerk). The said order was made subject to approval of the competent authority. The order further specified that in the event the said order was not approved by the competent authority within three months, the said order would stand automatically cancelled. Thereafter, the writ petitioner would not be entitled to the benefit of the time bound promotion. It is not in dispute that the said order of promotion was never approved by the competent authority; may be, it was not sent for approval by the competent authority. Nevertheless, the writ petitioner continued to receive the benefit of the said time bound promotion. Since the said order dated 13th November, 1998, the writ petitioner passed the Departmental Accounts Examination in 2007 (hereinafter referred to as "the Accounts Examination"). On reaching the age of superannuation he retired from service on 31st May, 2009.

(2.) While processing the pension papers of the writ petitioner, the Accountant General, Bihar, under his communication dated 24th October, 2008, raised objection in respect of the time bound promotion granted to the writ petitioner on the premise that the writ petitioner had not passed the Accounts Examination. The Accountant General revised the pay scale and the pay of the writ petitioner since 1st September, 1991 till 31st August, 2008 and held that a sum of Rs. 91,840.00 was paid to the writ petitioner in excess of his due salary.

(3.) Pursuant to the said objection, the State Government, under its order dated 16th September, 2009, cancelled the above referred time bound promotion granted to the writ petitioner with effect from 1st September, 1991 and directed to recover the amount paid in excess of the due salary. Pursuant to the said order, by order dated 5th October. 2009, a sum of Rs. 1,84,201.00 was ordered to be recovered from the writ petitioner.