BHUDEO TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner retired from service as Dy. Supdt. of Police, Government Railway Police on 31.3.2002. In this petition under Art. 226 of the Constitution he seeks to challenge the direction for recovery of certain amount from his retiral dues that was paid to him as excess salary as the result of wrong fixation of his pay on the post of Sub Inspector. The impugned direction is contained in a letter from the Supdt. of Police Railway, Muzaffarpur under his memo no. 339, dated 8.4.2002 addressed to the Assistant (Inspection) to the Director General of Police, Bihar, Patna. According to the petitioner, on the basis of the impugned direction, the authorities propose to deduct Rs. 74, 366/ - from his leave encashment or other retiral dues.

(2.) ON behalf of respondent no. 5 (the Supdt. of Police Railway, Muzaffarpur) a counter affidavit and a supplementary counter affidavit are filed in which the ground on which the recovery is directed is stated as follows:

(3.) FROM the above statement, it is clear that pay fixation of the petitioner was corrected by D.O., dated 30.8.98 and there is, therefore, no question of his getting excess payment after that date.