BISHWAMBHAR PRASAD SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, counsel for the State and the Accountant General.

(2.) PETITIONER is aggrieved by the order contained in letter no. Pan -3 -1736 dated 17.1.2002 (Annexure -4) issued by Senior Accounts Officer, Bihar, Patna, (Respondent no. 5), by which the papers submitted by the petitioner for fixation of his final pension, gratuity and commutation pension has been returned on the ground that the petitioner after his promotion to the post of correspondence clerk did not pass the departmental examination, which was essential, as such the Finance Department has not approved his promotion for fixation of pension in that scale. By this letter Respondent no. 4 has been requested to make necessary deduction from petitioners pension for adjustment of excess amount paid as salary since 1989. Further prayer is for quashing the order dated 29.9.2003 contained in Memo no. 1152 (Annexure -5) issued under signature of Executive Engineer (Respondent no. 4), whereby and whereunder Treasury Officer has been directed to deduct the amount of Rs. 82,122/ - from the commuted pension of the petitioner and also for deduction of pension and gratuity earlier paid to the petitioner in promotional scale.

(3.) FINANCE Department vide letter no. 3378 dated 29.7. 2002 has not approved the fixation of pension on the basis of promotion given to him, as such the amount paid as salary on account of wrong promotion showed be adjusted. In the light of the order of Finance Department fresh sanction order should be issued for necessary action.