SHAKUNTALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioners, who are widow and sons of late Ram Jatan Choudhary, died in harness on 28.1.2002 while posted as Selection Grade Accountant In the office of the Executive Engineer, R.E.O. Works Division, Biharsharif, are aggrieved on account of non -release of death -cum -retirai dues.

(2.) AFTER filing of this writ petition, death - cumvretiral dues have been released except Rs. 1,000/ - of D.C.R.G., which is to be released after issuance of the authority by the Accountant General and a recovery of Rs. 1,53,192/ - has been sought to be made on account of alleged excess payment made to the deceased because of his erroneous promotion granted in Junior Selection Grade without passing of Accounts examination in violation of Boards Miscellaneous Rules and further in senior selection grade taking into account the normal benefit of fixation as the promotion was allowed within three years.

(3.) LEARNED Standing Counsel No, VII ppearing for the State and its official Respondents, on the other hand, has submitted that in view of the clear stipulation the order of promotion (Annexure -1) self that in case any objection is raised by the Finance Department recovery of the alleged excess amount shall be made from his salary, the petitioner cannot now raise objection as the said recovery has been made on the basis of the audit objection raised by the Accountant General that the said promotions were erroneous, as the deceased Government servant had not passed the Accounts examination.