BIHAR STATE ELECTRICITY BOARD Vs. AJAY KUMAR

JUDGEMENT

(1.) This appeal has been filed against the order dated 30-8-1996 passed by the learned single Judge in C.W.J.C. No. 8816 of 1996 by which he has quashed two orders contained in Memo Nos. 2097 and 2098 dated 24-8-1995, annexed as Annexures 12 and 13 to the writ application, whereby direction has been issued for revision of pension as well as for recovery of excess salary that was paid to the writ petitioner respondent earlier on account of annual increments.

(2.) The writ petitioner-respondent was in the Government service and on 15-6-1963 he was appointed as Accounts Assistant in the Electricity Board. He was given annual increments and promotion and he superannuated on 31-1-1994. Before his retirement papers were sent by the concerned office to the headquarter of the appellant Board for grant of sanction of his retiral benefits by letter dated 21-1-1994. At that time verification was made as to whether the writ petitioner passed Hindi Noting and Drafting Examination which was condition precedent and which was mandatory for grant of promotion etc. An enquiry was made by the concerned Executive Engineer, who asked the writ petitioner-respondent to produce relevant documents in support of the fact that he passed Hindi Noting and Drafting Examination. The writ petitioner-respondent sent a reply to the Executive Engineer wherein he stated that he passed the aforesaid examination while he was in Government service in between 1956 and May, 1963. The Executive Engineer again asked for the documents in support of the said fact but no such document was produced by the writ petitioner-respondent and the Executive Engineer informed the said fact to the Board. Thereafter, the Executive Engineer on 5-12-1994 refixed the salary of the writ petitioner from 16-7-1979 when the Board had adopted the regulations of the State Government putting a condition for passing Hindi Noting and Drafting Examination for the purpose of increment, promotion etc.

(3.) While this enquiry was going on, pension of the writ petitioner was sanctioned but gratuity was withheld. After re-fixation of his pay, steps were taken to recover the excess money amounting to Rs. 95,567.75 and show-cause notice was issued to the writ petitioner respondent. The writ petitioner respondent filed his show-cause again reiterating that he had earlier passed the said examination while he was in Government service. Thereafter, the impugned orders were passed revising his pension on the basis of refixation of salary and taking steps for recovery of the aforesaid amount after adjustment of the gratuity amount from the pension of the petitioner at the rate of Rs. 500/- per month which orders, as stated above, were challenged by the writ petitioner-respondent.