RAJ BALLABH UPADHYAY Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) CHALLENGE is to Annexure -1 which is dated 20.5.2003 as well as Annexure -2 dated 11.1.2003. By virtue of these orders certain deduction from the salary of the petitioner is sought to be made under the head of wrong fixation of pay. The amount worked out in this regard is Rs. 1,16,090.30. There are some other recoveries which relate to house building advance and motorcycle advance. it has been included for adjustment with the gratuity of the petitioner who retired from the post of head clerk on 14.2.2002.

(2.) SUBMISSION of the learned counsel for the petitioner is that house building advance and motorcycle advance are matters of accounting and in the counter affidavit filed on behalf of the respondents there are certain other figures which has emerged. Those are matters which the petitioner will settle with the board and in so far as recovery from the salary for payment of 12% extra emolument is concerned, learned counsel for the petitioner relies on a decision of a Division Bench dated 3rd September, 2008 rendered in the case of Mundrika Devi Vs. Bihar State Electricity Board & Others (L.P.A. No. 1241 of 2002). The Division Bench had this to say in paragraph Nos. 3 and 4 of the said decision as follows: -

(3.) THE writ application is allowed. Respondents are directed now to settle the accounts and retiral dues of the petitioner as if the deductions and excess pay pointed out by the respondents do not exist.