SAHDEOYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD , learned counsel for the appellants and the respondent -State.

(2.) THE present appeal has been filed against the order dated 4.10.2002 in C.W.J.C. no. 15311 of 2001 whereby a Bench of this Court did not interfere with the order of the respondent -authority, for recovery of the amount granted to him due to increment admissible to an employee who had successfully passed the Hindi Noting and Drafting examination. Learned single Judge found that admittedly the appellant did not pass the Hindi Noting and Drafting examination and, therefore, he was not entitled for increment. Thus, the aforesaid recovery was held to be justified.

(3.) ADMITTEDLY , in view of the judgments as relied upon this Court holds that as no material suppression has been made and the appellant has already superannuated, such recovery cannot be made. As such, the order of the learned writ court dated 4.10.2002 is erroneous and hence, set aside and consequently the order dated 26.7.2001 contained in Annexure -1 in this appeal also stands quashed and the appellant has to be paid all his retiral dues as usual.