LAWS(PAT)-2018-4-234

AWADH MUNI PRASAD Vs. STATE OF BIHAR

Decided On April 12, 2018
Awadh Muni Prasad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Accountant General. Nobody appears on behalf of the State.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The petitioner has been approaching the Court time and again. Initially, in C.W.J.C. No. 8599 of 1999, he came against withholding of 10% of his pension and 25% of his gratuity, which was disposed off with a direction to the authorities to pay him the remaining amount. The same was assailed by the authorities in L.P.A. No. 464 of 2001 and by order dated 07.01.2002 the authorities were directed to take fresh decision in the matter as to whether Time Bound Promotions or regular promotion granted to the petitioner was valid. Thereafter, the authorities decided the matter and held that the petitioner having been granted regular promotion, not being entitled to Time Bound Promotions, the same was withdrawn and it was directed to adjust the excess amount which was paid to the petitioner on account of Time Bound Promotions. When, as a consequence, the pension of the petitioner was reduced from Rs. 4707/- to Rs. 4159/-, his representation to the authorities to restore the same having been rejected, he again moved the Court in C.W.J.C. No. 5276 of 2004. In the said writ petition, the Court by order dated 14.03.2005, directed the authorities to consider afresh as to whether any recovery has been made from the petitioner from the post of Junior Statistical Assistant (Supervisor) and as to whether the recovered amount has been refunded to the petitioner after holding him disentitled for Time Bound Promotions; the authorities having considered the matter, have passed a detailed order on 21.11.2005, which is impugned in the present writ application. The same has also been affirmed by the Secretary of the Department by order dated 11.01.2007, which is also under challenge in the present writ application.