STATE OF BIHAR Vs. SHIV KUMAR

JUDGEMENT

(1.) I.A. No. 4459 of 2013 has been filed to condone delay of 100 days in filing the Appeal. We have considered the explanation and the submissions on behalf of the parties. Considering the larger question of general public importance and the law settled on the issues involved, we condone the delay and take up the Appeal for disposal on merits. The present Appeal arises out of order dated 3.1.2013 allowing CWJC 21945 of 2012. The learned single Judge set aside the order dated 16.5.2012 directing recovery of Rs. 3,16,742/- as excess payment under the head 'Gratuity'.

(2.) Learned counsel for the appellants submits that the respondent cleared the Departmental Hindi Noting and Drafting examination on 24.2.2011. The recovery has been directed for annual increments paid without passing the said examination during the period 1995 to 2009. The proposal for payment of increments was initiated by the respondent himself aware of the fact of not being entitled to the same by reason of not having cleared the departmental examination.

(3.) Counsel for the respondent submits that the order for recovery does not specify the time period for which recovery of annual increment was sought to be made.