ARVIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, learned Advocate for the petitioner and Mr. Sudhanshu Bhushan, learned AC to GP-7.

(2.) The petitioner, who superannuated on 31/1/2021 from the post of Assistant Engineer, Irrigation Division, Birpur, Supaul has invoked the jurisdiction of this Court seeking a direction upon the respondents to ensure payment of all his retiral benefits, including, gratuity, unutilized earned leave and arrears of pension with interest on the basis of last pay slip issued by the Finance (Personal Claim Fixation Cell) Department (hereinafter referred to as 'the PCFC') dtd. 18/1/2021. The petitioner also sought a direction not to recover the differential amount of pay, which has been earlier paid under the 2nd Modified Assured Career Progression (hereinafter referred to as 'MACP') Scheme with effect from 1/1/2009 with Grade Pay PB-3+6600 vide departmental order no. 4426 dtd. 8/9/2014.

(3.) During the pendency of the writ petition, the State respondent authorities have come out with a decision to recover an amount of Rs.7,41,799.00, which is said to have been excess to the entitlement of the petitioner and, as such, the petitioner by filing an interlocutory application bearing I.A. No. 01 of 2024, has prayed for quashing of the Letter No. 915 dtd. 18/8/2021 and further Letter No. 411 dtd. 16/3/2022, by which decision has been taken to recover the aforenoted excess amount from the unutilized earned leave of the petitioner and pay the remaining amount after adjusting the grade pay difference amount to the petitioner. The petitioner also sought quashing of the Letter No. 610 dtd. 17/5/2022, by which the grade pay difference amount of Rs.7,41,799.00 was recovered from Rs.11,69,920.00 and after the deduction, an amount of Rs.4,28,121.00 was paid to the petitioner.