(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.
(2.) The petitioner seeks a direction upon the respondents to refund the amount of Rs.1,43,154.00 which has been determined as excess payment and deducted from the salary of the petitioner along with interest against pension and leave salary contribution for the period when he was on deputation as Member of the Commission for Backward Classes.
(3.) Mr. Tej Bahadur Singh, learned senior counsel appearing on behalf of the petitioner has submitted that the petitioner was arbitrarily deprived of the benefit admissible while he was on deputation as Member of the Commission for Backward Classes. He submits that vide Annexure-1 the respondents have arbitrarily determined Rs.1,43,154.00 as excess payment and deducted the aforesaid amount in 11 equal instalments of Rs.13,014.00 per month. Mr. Singh submitted that the petitioner was deputed as Member of the Backward Class Commission vide notification dtd. 3/9/2005, Annexure-2. The petitioner joined as such and thereafter he requested the Principal Secretary for pension contribution and leave encashment. Referring to Annexure-4 dtd. 2/8/2006 he submitted that the State Commission for Backward Class made a communication and sought clarification about the pension contribution and leave encashment salary contribution. The University replied vide Annexure-5 dtd. 18/9/2006. The details of contribution, basic pay, leave salary contribution, pension contribution have been worked out by the Registrar of the University and communicated to the Principal Secretary, State Commission for Backward Class. For ready reference Annexure-5 is quoted below:- "Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur Ref. No. B/1969 dtd. 18/9/2006 To, The Member Secretary, State Commission for Backward Classes 9, Jawahar Lal Nehru Marg, Bihar, Patna - 800001. Sub:- Regarding Pension constribution and leave encashment of Dr. S.D.P.Sinha Sir, With reference to your letter no. S.C.B. Est. 05/2005/135 dated 2/8/6, I am direted to ention the following details in respect of Dr. S.D.P.Sinha, Reader, P.G. Deptt. Of Botany, M.S. College, Motihari, now he is on lien from 3/12/2005 for three years tenure and presently Member, State Commission for Backward Classes, Bihar, Patna with effect from 3/12/2005