SIJAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner retired from service on 30.6.2000 as Surveyor. At the time of retirement he was posted in the Special Land Acquisition Office, Patna Flood Control Project under the Water Resources Department, Government of Bihar. His retiral dues remained unpaid even after two years of his superannuation and he, therefore, came to this Court in CWJC No. 10259 of 2002 seeking a direction to the concerned authorities for payment of his pension, gratuity and other dues.

(2.) In that case a counter affidavit was filed on behalf of the State in which office order No. 26, dated 19.9.2002 passed by the Director, Land Acquisition and Rehabilitation was enclosed as Annexure-B. In that order it was stated that the petitioner was allowed second time bound promotion subject to the approval by the Finance Department. The Finance Department found that the second time-bound promotion was wrongly granted to him and, therefore, the second time-bound promotion given to him was cancelled and the excess salary paid to him on the basis of that promotion was directed to be recovered from his retiral dues. The Court was further informed that on cancellation of the second time-bound promotion the petitioner's pay was fixed in the lower scale of pay and all his retiral dues, including pension were determined on that basis. The cancellation of the second time- bound promotion further required an adjustment of Rs. 79,631/-. paid to him as excess salary from his retiral dues. Out of the total recoverable amount Rs. 35,061/- was realised from his provisional gratuity and the balance Rs. 44,564/- from the amount receivable by him on encashment of unutilised salary. That writ petition was disposed of by order, dated 27.11.2002 (copy at Annexure 5).

(3.) By that order the Court held that the recovery of any excess salary paid to the petitioner from his retiral dues was unjustified and accordingly, directed the concerned authorities to release the deducted amount of Rs. 79,641/- to the petitioner within one week from the production/receipt of a copy of that order before the Director, Land Acquisition and Rehabilitation. But the question of fixation of pension and other retiral dues was expressly left open and the petitioner was given liberty to challenge the validity of the order, dated 19.9.2002 before the appropriate forum.