RAJENDRA MANDAL Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed for quashing the revised pay slip contained in Memo dtd. 12/1/2016 issued by the In-Charge Officer, Finance (Personnel Claims Redressal Cell), Department, Government of Bihar, Patna, whereby and whereunder the pay of the petitioner has been reduced from Rs.33,560.00 to Rs.25,200.00 by amending the pay slip dtd. 31/1/2012. The petitioner has further prayed for quashing the consequential pay slip, whereby and whereunder the pay of the petitioner, as on 1/7/2015 was determined as Rs.29,988.00 and has also prayed for quashing the letter dtd. 18/3/2016, issued under the joint signature of the Deputy Collector (Establishment), Additional Collector and the District Magistrate, Saran at Chapra, whereby and whereunder recovery of a sum of Rs.5,91,184.00 on the head of excess salary paid to the petitioner for the period 20/5/2013 to 1/7/2015, has been directed to be made by adjusting the entire amount of leave encashment to the tune of Rs.5,51,880.00 and the remaining sum of Rs.39,304.00 has been suggested to be recovered from the gratuity amount. The petitioner has also prayed for quashing of that part of the gratuity payment order dtd. 24/6/2016, whereby and whereunder a sum of Rs.39,304.00 has been sought to be recovered from the gratuity amount and for directing the respondents to refund the entire sum of Rs.5,91,184.00 as also to fix pension and other pensionary benefits in the pay scale of Rs.33,560.00, in light of the pay slip issued by the In-Charge Officer, Finance (Personnel Claims Redressal Cell), Department, Bihar dtd. 31/3/2012, which was the last pay drawn by the petitioner as on the date of his retirement.

(2.) The brief facts of the case, according to the petitioner, are that the petitioner was initially appointed as Deputy Collector on probation on 2/8/1983 whereafter he was posed at various places. The petitioner was granted first financial progression in the pay scale of Rs.10,000.0015,200/- with effect from 9/8/1999 vide notification dtd. 3/4/2008. Thereafter, the In-Charge Officer, Finance (Personnel Claims Redressal Cell), Department, issued fresh pay slip dtd. 31/1/2012, determining the pay of the petitioner as on 1/7/2010 at Rs.26,960.00 along with grade pay of Rs.6600.00 totaling to a sum of Rs.33,560.00. The petitioner had then functioned as Executive Officer, Nagar Parishad, Motihari with effect from 4/5/2010 to 19/5/2013. The last pay certificate of the petitioner on the post of Executive Officer, Nagar Parishad, Motihari dtd. 27/7/2013 mentions the basic pay of the petitioner as Rs.33,610.00 and on that basis the petitioner was paid his salary from June, 2013 to July, 2015, while the petitioner had worked on the post of Senior Deputy Collector, Saran Collectorate, Chapra. The petitioner had retired from service with effect from 31/7/2015.

(3.) It is the contention of the learned counsel for the petitioner that the entire service period of the petitioner had remained unblemished and neither any departmental proceeding nor any criminal proceeding had ever been initiated against him nor any adverse remarks has ever been communicated to the petitioner, nonetheless, upon retirement of the petitioner, the respondent no. 2 had issued the impugned Memo dtd. 12/1/2016, whereby and whereunder the basic pay of the petitioner was determined as Rs.18,600.00 and grade pay was fixed as Rs.6600.00, totaling to a sum of Rs.25,200.00, for the period 20/5/2013 to 1/7/2015. Thus the pay scale of the petitioner was reduced to a sum of Rs.25,200.00, after retirement of the petitioner and that too without following the principles of natural justice or issuing any show cause notice. Accordingly, the respondent no. 2 vide letter dtd. 26/2/2016 had requested the Senior Deputy Collector, Establishment Sec. , Saran Collectorate, Chapra to issue authority slip for payment of a sum of Rs.5,51,880.00 towards the leave encashment amount, however, the District Magistrate, Saran at Chapra vide letter dtd. 18/3/2016 had advised the Principal Secretary, General Administration Department, Bihar, Patna to recover the excess amount paid to the petitioner by way of salary by adjusting the aforesaid sum of Rs.5,51,880.00 from the leave encashment amount and the balance amount of Rs.39,304.00 from the gratuity amount. Accordingly, the aforesaid sum of Rs.39,304.00 was recovered from the gratuity amount of the petitioner and the leave encashment amount has also been forfeited.