VIDYA DUTTA PANDEY PRABHAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner had filed the writ petition seeking quashing of the Memo No. 1605 dated 11.9.2002 (Annexure-1) and Letter No. 47 dated 19.10.2002 (Annexure-2), whereby a sum of Rs. 25,198/- was deducted from the gratuity amount of the petitioner on grounds of excess payment having been made to him during his service tenure.

(2.) HEARD Mr. Uma Kant Shukla, learned counsel appearing on behalf of the petitioner and Mr. Alok Kumar learned assisting counsel to G.A. 1 for the State and Mr. Raj Nandan Prasad, learned counsel representing the Accountant General.

(3.) ACCORDING to the District Superintendent of Education, the certificate given by the Area Education Officer restraining recovery in the light of the Memo No. 138 dated 24.3.1994 of the Director, Primary Education, was not correct since the petitioner was not a party to the writ proceedings arising from C.W.J.C. No. 5251 of and that the said order was not applicable to his case and was applicable only to the petitioners of the said case. In the said background, the District Superintendent of Education recommended for re- covery of the amount paid to the petitioner by reason of his first time bound promotion. In view of the recommendation as contained in Annexure-1, the Area Education Officer vide letter dated 19.10.2002 (Annexure-2) has approved the recovery of the amount drawn by the petitioner by reason of the first time bound promotion said to be in excess to the tune of Rs. 25,198/-.