HULAS SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner, who retired as a Peon from, Bedauli High School, Imamganj, District Patna, is aggrieved by the order, contained in Annexure 4, whereby recovery of alleged excess payment made to him on account of wrong fixation of salary has been sought to be made. The said order has been issued by the District Education Officer, Patna after fixation of pay by the District Accounts Officer. The District Education Officer also accorded sanction for payment of pension/gratuity after recovery of alleged excess amount and sent it to the Accountant General on 27.3.2004 vide Annexure 'A ' to the counter affidavit filed on his behalf.

(2.) IN the said counter affidavit it is stated that as per direction of the District Accounts Officer Annexure 4 was issued to the Headmaster as well as to the Accountant General, Bihar to recover the excess withdrawn amount from the petitioner and to fix the pension accordingly. Learned counsel for the State has not been able to show that there is any such direction of the District Accounts Officer.

(3.) ACCORDINGLY , this writ petition is allowed with cost of Rs. 2,000/ - to be paid by the District Education Officer (respondent no. 2) from his pocket to the petitioner.