PUNIT LAL DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application under Articles 226 and 227 of the Constitution of India the petitioner has prayed for quashing the order dated 11.11.95 whereby the pension has been sanctioned in the scale of clerk after cancelling the promotion granted to him in the year 1971. Further prayer in this writ application is for a direction to the respondents to pay the retiral benefits legally payable to the petitioner who retired as selection grade Head Assistant on 31st December, 1992. It is admitted position that the petitioner was granted selection grade in the year 1971. In the year 1987 he was put under suspension on 20.10.87 on account of his long absence without leave and remained under suspension till 25.4.89 when his suspension order was revoked by the respondent authority. The respondent Regional Deputy Director thereafter sent a letter to the Director -in -Chief requesting him to pay the salary for the period of suspension. He has also opined that the petitioner was not absent without leave, on the contrary he was granted leave by the competent authority, copy of such letter written to the Director -in -Chief, Health Services is made Annexure -3 to this writ application. In spite of the request -having been made by the Regional Deputy Director, the payment has not been made to the petitioner. The petitioner, thereafter, filed a writ application being C.W.J.C.No. 993/94 which was disposed of on 11.9.95 directing the respondent authority to examine the claim of the petitioner and pass necessary order for payment of salary as well as the retiral benefits legally payable to the

(2.) PETITIONER , copy of the order is made Annexure-4 to this writ application. Pursuant thereto, the respondent Regional Deputy Director, Koshi Division, Saharsa, has passed the impugned order, whereby the promotion granted to the petitioner in the year 1971 is sought to be cancelled and, thereby, the salary drawn by the petitioner on the basis of the promotion given to him is sought to be recovered from his retiral benefits.