KISHORI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner against the order dated 30th June 2011 made by the learned single Judge in C.W.J.C. No.1710 of 2011.

(2.) The appellant, a retired Head Clerk, has approached this Court under Article 226 of the Constitution to challenge the order of fixation of pay as on 1st November 1997 made on 3rd December 2010 and the order for recovery of Rs. 1,41,462.00, the excess payment made to the appellant. The petition was contested by the State Government. The learned single Judge has dismissed the writ petition. Therefore, this Appeal.

(3.) It appears that on 1st November 1997, the appellant was promoted as Head clerk. The order of pay fixation was made by the Senior Superintendent of Police, Patna on 21st February 2009. The said order was made subject to the approval by the Finance Department and the office of the Accountant General. Since the said order of pay fixation, the appellant retired from service on 31st July, 2009. While considering his case for pension and other retiral dues, the office of the Accountant General raised objection in respect of the aforesaid pay fixation made on 21st February 2009. In view of the objection raised by the office of the Accountant General, the appellant's pay, as on 1st November 1997, was re-fixed under order dated 3rd December 2010 and the excess amount of Rs. 1,41,462.00 paid to the appellant was ordered to be recovered. It is the aforesaid order dated 3rd December 2010, which was subject matter of challenge in the writ petition.