RAMASHRAYA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing that part of the order passed by the respondent no.4 dtd. 11/9/2018 whereby and whereunder the Treasury Officer, Arwal has been directed to recover an amount of Rs.1,38,633.00from the gratuity and pensionary benefit of the petitioner herein.

(2.) The learned counsel for the petitioner has submitted that no show cause notice has been issued to the petitioner prior to issuance of the aforesaid direction for recovery of the said amount of Rs.1,38,633.00. It is further submitted that neither any proceeding is pending against the petitioner under Rule 43(B) or Rule 139 of the Bihar Pension Rules nor the petitioner has been inflicted with any punishment, hence, the recovery sought to be made, is perverse and fit to be set aside.

(3.) Per contra, the learned counsel for the State, referring to the counter-affidavit filed on behalf of the respondent no.6 i.e. the Incharge Medical Officer, Primary Health Centre, Sonbhadra Bansi Surajpur, District Arwal, has submitted that in pursuance to the notification issued by the Finance Department, Bihar, Patna dtd. 30/6/2003 and the notification dtd. 23/3/2006, the District Screening Committee, in its meeting dtd. 8/1/2007 granted promotion in pay scale to the petitioner and others as per the A.C.P. Rules, 2003. Thereafter, the District Screening Committee, in its meeting dtd. 29/3/2011, had granted benefit to the Government employees as per the A.C.P. Rules, 2010. Subsequently, the Under Secretary, Finance Department, Bihar, Patna by its letter dtd. 26/9/2016 clarified that the salary of Basic Health Worker w.e.f. 1/1/1996 shall be 3050-4590 and w.e.f. 1/1/2006 shall be PB.-l + Grade Pay of Rs.1900.00. In the said letter dtd. 26/9/2016, the pre-revised and the revised pay scale after grant of 1st A.C.P, 2nd A.C.P. and 3rd A.C.P. was also stipulated. The learned counsel for the respondent no.6 has further submitted that upon perusal of the Service Book of the petitioner herein it had transpired that the District Screening Committee in its meeting held on 30/6/2011 had given wrong grade pay to the petitioner herein and instead of fixation of grade pay of Rs.2800.00, a sum of Rs.4200.00 was allowed after grant of 3rd A.C.P. to the petitioner which was incorrect. Accordingly, corrections have been made in the pay scale of the petitioner herein and the excess amount paid to the petitioner on account of wrong fixation of grade pay, has been calculated and directed to be recovered from the pension and gratuity amount payable to the petitioner herein.