SHIV NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a retired Government employee. He retired from service as Cholera Supervisor on 30.9.2001. At the time of retirement his pay was Rs. 6805/-. After retirement he was initially allowed provisional pension. His retiral dues were finally settled in 2003 and payments under different heads of retiral dues were made to him. From the pension intimation memo and the D.C.R. Gratuity Payment Order issued in his favour on 4.8.2003 from the office of the. Accountant General it appears that his pension was fixed on the pay of Rs. 6200/-instead of Rs. 6805/-, the pay last drawn by him. Further, from the D.C.R. Gratuity Payment Order it appears that from Rs. 1,48,335.00 sanctioned as gratuity payable to him, a sum of Rs. 1,22,600/- was deducted and the balance amounting to only Rs. 25,735/- was paid to him.

(2.) The petitioner has come to this Court challenging the action of the concerned authorities in fixing his retiral dues, including pension on a lower pay than the last pay drawn by him and deducting from his gratuity a sum of Rs. 1,22,600/-.

(3.) The response of the respondents is quite simple. It is stated that during his service tenure the petitioner was wrongly allowed time bound promotion(s) and consequently he unauthorisedly derived the benefit of higher pay. Discounting the promotion(s) wrongly allowed to him and on a correct fixation of his pay the last pay receivable by the petitioner would be Rs. 6200/- and this is the legal and valid basis for fixing his retiral dues, including pension. Further, as a result of the wrong promotion(s)/wrong fixation of pay the petitioner has received excess salary as also a small amount in excess of his due as encashment of earned leave. The excess payment made to him amounting to Rs. 1,22,600/- were recoverable from him gratuity in terms of the written undertaking given by the petitioner at the time of promotion.