AMOD RANJAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application has prayed for quashing the notification dated 20 -7 -96 by reason of which, the Water Resources Department directed to recover Rs. 3 lakh which, according to the department, is seventy per cent of the total loss of Rs. 4 lacs approximately from the pensionary benefits of the petitioner. Further prayer has been made to direct the authorities to pay the balance amount of post retirement benefits including 10 per cent pension, full gratuity and other dues. He has also prayed for a direction for payment of full salary for the period 1 -1 -1995 to 23 -2 -1995 during which the petitioner, even after retirement, was directed to continue to work in the same post. Prayer for interest (a.; 10% has also been made.

(2.) Some factual backgrounds may be necessary to be stated for appreciation of the contention raised by the pasties.

(3.) The petitioner was initially appointed to the post of Assistant Engineer in the Water Resources Department (hereinafter referred to as the 'Department') and was promoted to the post of Executive Engineer and thereafter as Superintending Engineer. In the year 1989, the petitioner was promoted to the post of Chief Engineer and thereafter, was promoted to the post of Project C j ordinator, which is equivalent to the post of Engineer -in -Chief and was transferred from Siwan. The petitioner joined the said post on 1 -2 -1991,