JAGDISH YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) In the present writ petition, the petitioner is challenging the order dated 30.8.2000 whereby and whereunder the Gratuity and General and Group Insurance amount has been prepared on the basis of his basic pay of Phone Clerk both vide letter dated 30.8.2000 (Annexures 1 and 2). The petitioner has further challenged Memo No. 1379 dated 27.8.1996, the respondent, placing reliance on the orders passed in C.W.J.C, No. 8511 of 1995 and C.W.J. C. No. 8874 of 1995 has withdrawn all the previous promotions and enhancement of the scale time to time granted in favour of the petitioner and thereby he has been brought to the post of Phone Clerk i.e. initial post and also decided to recover the excess amount paid in past.

(3.) The learned counsel for the petitioner submits that no recovery has been affected of purported excess amount paid to him but certainly payment of other retiral dues have been reduced which the petitioner is entitled too.