MD.NAIMUDDIN Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) RECOVERY of Rupees 25,171.75 paise made from the gratuity of the petitioner is the cause of his grievance why he has filed the present writ appiication. The reason why this above recovery has been made is because the petitioner was wrongly given increment despite he not having passed the Hindi Noting & Drafting Examination. Learned counsel for the petitioner however, submits that he did pass the said examination subsequently and after retirement it is not open to the respondent to make any deduction at such a belated stage. Learned counsel in this regard also draws my attention to a decision of the Hon ble Supreme Court in this regard. In view of the settled decision the respondents are hereby directed to refund a sum of Rupees 25,171.75 which was deducted by the authority under the head of excess payment due to non - passing of the Hindi Noting & Drafting Examination. The decision of the respondents contained in annexure -1 is hereby quached.

(3.) IN so far as his claim of revised gratuity is concerned learned counsel for the respondents submits that it is being paid in accordance with the date of retirement of the employee and payments have been made till February, 1999. Since the petitioner retired in February, 2000, he is expected to get his payment soon.