ASHOK KUMAR SINGH S/O LATE ANIRUDH SINGH RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR, THROUGH THE SECRETARY, IRRIGATION DEPARTMENT, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) In this case, the petitioner is challenging the order Memo no. 4247 dated 27.11.2007 passed by the Chief Engineer, Irrigation Department, Government of Bihar, thereby directed to recover the excess amount paid to him in pursuance of the earlier order.

(2.) In the present case, the petitioner was appointed as Correspondence Clerk, on the recommendation of Establishment Committee, Irrigation Department, Government of Bihar, by the Superintending Engineer (Mechanical), Koshi Circle, Birpur, vide Memo no. 1345 dated 1.9.1986, on compassionate ground, in the pay scale of Rs. 580-860 on account of death of his father, in harness. Accordingly, he joined the aforesaid post on 22nd Aug. 1986 and he joined the office on 1st Sept. 1986. He passed Hindi Noting and Drafting Examination, which was conducted in the year 1990 by the Directorate Rajya Bhasha Department, Government of Bihar, vide Memo no. 145 dated 22nd Dec. 1990. The Accounts Examination was conducted in the year 1991. The petitioner appeared in the 1st and 2nd paper, he cleared the 2nd paper but failed in the 1st paper. In the year 1997, he appeared in 1st and 3rd paper, he cleared the 1st paper but failed in the 3rd paper and thereafter, he finally cleared the 3rd paper in the year 2010. In terms the A.C.P. Rule which provides the entitlement of 1st and 2nd A.C.P. on completion of 12 years and 24 years of service, on that basis, the petitioner was granted the 1st A.C.P. on 10.05.2005 in the scale of Rs. 5000-8000, vide Memo no. 1673 dated 10.05.2010. It was brought to the notice of the Chief Engineer that the petitioner has not cleared the Accounts examination whereupon the Chief Engineer, vide Office Order No. 4247 dated 27.11.2007, directed the Executive Engineer (Mechanical), Bhagalpur Division that the A.C.P. granted to the petitioner could not be allowed to sustain and had ordered to withdraw the benefit which had been given to the petitioner by way of 1st A.C.P. In pursuance thereof, the Executive Engineer issued letter no. 1361 dated 16.12.2007, thereby passed the order of cancellation of earlier benefit granted to the petitioner by way of 1st A.C.P. and also passed the order for recovery of the same. The petitioner filed an application before the Chief Engineer informing that he passed the 1st and 2nd papers, in such view of the matter, the benefit granted to him, should not be withdrawn.

(3.) The question has been raised by the petitioner that the impugned order, which has been issued by the authority, is completely illegal as they were required to hold the examination on regular basis, but they have conducted the examination in a very irregular manner, as was only given two occasions to clear the paper, had there been a regular departmental examination of Accounts, he would have cleared the paper much earlier and in support of his submission, he has placed reliance on the judgment reported in 2015 (4) PLJR (SC) 65 (K.K. Gohil Vs. State of Gujarat) and on that strength, he submits that the order passed by the competent authority, is completely illegal, not sustainable in law on two grounds, first the regular departmental examination has not been conducted and another the equity does not lie in favour of respondents to recover the amount from class-III and IV employees.