PRADUMAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was, appointed as a Correspondence Clerk and retired from the same post working under the Executive Engineer, Mechanical Division, Road Construction Department, Arrah. He superannuated on 29.2.2004 and after his superannuation vide order dated 7.7.2012 contained in Annexure-1 series not only his pension was ordered to be withheld but 'even' direction for recovery was ordered to be made from his pension on the ground that the petitioner had illegally drawn excess salary by way of increment where admittedly he had not passed Hindi Noting and Drafting Examination. Contention of the learned counsel for the petitioner is that the benefit of such kind was authorized to the petitioner right from 1.5.1982 till his superannuation. He had no contribution to make in award of such increment. At no point of time this fact was pointed out during the service period of the petitioner and post retirement after more than eight years such order detrimental to his interest having civil consequences cannot be passed, which has the effect of punishing the petitioner by ordering recovery as well as withholding of pension awaiting such adjustment.

(2.) Learned counsel for the petitioner further submits that in series of decisions rendered by this Court and even in a case by the Hon'ble Apex Court which is the case of Syed Abul Quadir and Others v. State of Bihar and Others, 2009 3 SCC 475 decisions of such kind has not been supported by the court of law.

(3.) Learned counsel representing the State submits on the basis of Annexure-A that correspondence had been made with the petitioner on earlier occasion as well seeking information with regard to his passing Hindi Noting and Drafting Examination but except assurances, nothing tangible emerged. Therefore, the respondents were left with no option but to pass Annexure-1 series. In the normal course of thing, no employee can be held to be given any benefit which does not accrue to him as a matter of course. Increment under the head of Hindi Noting and Drafting Examination is not part of the package of salary to which the petitioner is entitled to but it is given to an employee as incentive to upgrade his efficiency or knowledge of drafting and noting in Hindi. If the petitioner had failed to pass such examination the State will not be under obligation to give such benefit as has been included as part of his salary.