BHOLA RAM Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS is yet another writ application in which benefit of increment accruing out of passing of Hindi Noting & Drafting Examination granted to the petitioner years ago is now sought to be recovered by an order dated 21.10.2003 contained in annexure -1 to the I.A. No. 1986 of 2004 filed by the petitioner. The order indicates that a sum of Rs. 1,23,432.50paise is sought to be recovered from the gratuity of the petitioner. In the upper part of the order the said amount has been broken up in two parts i.e. Rs. 41,495/ - on account of non -passing of Hindi Noting & Drafting Examination and Rs. 81,937.50 paise on account of wrong pay fixation. However the lower part of the order has interchanged the two figures. Petitioner protested against this decision of the respondents by filing his objection before the Secretary, Bihar State Electricity Board as would be evident from annexure -

(2.) 2. The primary contention of the petitioner is that in so far as the Hindi Noting and Drafting Examination is concerned, the issue has been agitated earlier on many a occasions and predominant view of the Court on such issue is that no recovery would be effected at the fag end of the career of the petitioner on that score.

(3.) THE Court therefore, is of the opinion that the respondents did not have authority to make reduction from the gratuity of the petitioner, the amount which had accrued to him by way of increment despite not passing the Hindi Noting & Drafting Examination at the relevant time. The direction to that extent can be quashed.