MOL CHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the State.

(2.) PETITIONER has superannuated from the service on 31.8.2004. He has prayed for quashing the order, dated 1.11.2002, contained in letter no. 2200, issued by the Deputy Secretary, District of Animal Husbandry and Fisheries, Government of Bihar (Annexure 3), reverting the petitioner from the post of Machhua to the post of Orderly and also the consequential order, dated 7.10.2004, contained in memo no. 329, issued by the Director, Animal Husbandry and Fisheries, Department, Government of Bihar (Annexure 4). By this order a direction has been issued to recover the amount paid to the petitioner as salary on account of his promotion. The other prayer of the petitioner is for a direction to fix his pension on the basis of last pay drawn and also direct the respondents to make no recovery from his pensionary dues.

(3.) IT has also been submitted by the petitioner so far the recovery is concerned, it cannot be made from his pensionary dues as it is not the case of the respondents that petitioner was any how instrumental for such promotion. He neither influenced nor he committed any fraud for passing such promotional order.