MAUJI LAL SINHA 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 -1, on account of erroneous fixation of pay on his promotion.

(2.) PETITIONER retired from the service of the Bihar State Electricity Board, hereinafter referred to as 'the Board ' on 31.1.1998 as Accountant and was sanctioned full pension vide Pension Payment Order No. 872 dated 25.5.1999 (Annexure -2). On 25.5.1999 vide order No. 873 (Annexure -1) a sum of Rs. 52,186.44 has been recovered from the amount of gratuity payable to the Petitioner on account of excess pay drawn due to wrong fixation of Day, which according to the Petitioner is against the law settled by this Court as well as Apex Court in catena of decisions.

(3.) LEARNED Counsel for the Petitioner has submitted that recovery of the amount pursuant to Annexure -1 is not permissible as it is not a case of the Board that the said fixation was done on misrepresentation or fraud committed by the Petitioner. Learned Counsel for the Petitioner in support of the said contention besides relying upon the decision of the Apex Court in the case of Sahib Ram V/s. State of Haryana, reported in 1995 Supp (1) SCC 18, and in the case of V. Gangaram V/s. Regional Joint Director, reported in 1997 SC 2776, has also relied upon the Division Bench decision of this Court in the case of Bihar State Electricity Board and Ors. V/s. Jagdeo Singh and Ors., reported in 2002 (3) PLJR 67.