SIDDIQUE Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ petition the petitioner is aggrieved by recovery of the alleged excess amount drawn by him, vide Annexure A/2, on account of erroneous fixation of pay on his promotion and has sought for direction to fix his pension on last pay drawn, in view of Boards Standing Order No. 125 dated 7.5.1983.

(2.) LEARNED counsel for the Board, on the other hand, submitted that the petitioner cannot avail the benefit of his promotion granted in the year 1977 under Standing Order No. 125. In fact at the relevant time the case of the petitioner will be governed by Standing Order No. 515 dated 7.5.1976 (Annexure 2) which provided that "where promotional avenues are available, double benefit in fixation of pay shall not be allowed". It further provided that "deduction from the salary of those workmen who have already been benefited twice in the matter of pay fixation, i.e. once in the selection grade and in promotion shall be waived immediately, in 12 equal instalments or at the rate of Rs. 60/ - per month which ever will effect the recovery earlier."

(3.) ACCORDINGLY , this Court holds that there is nothing wrong in fixation of pension pursuant to Annexure A/2.