DAMODAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner prays for issuance of an appropriate writ commanding upon the respondents to restore the promotion order and to pay back the difference of amount of enhanced pay due to the promotion for the period with effect from 31 -10 -1988 to 12 -8 -1996.

(2.) THE facts of the case lie in a narrow compass: The petitioner was appointed as Lower Division Clerk (shortly LDC) on 1 -7 -1960 and was working as such in the lower Court, Gumla since then. The petitioner was promoted with effect from 31 -10 -1988 as Upper Division Clerk (shortly UDC) on completion of 50 years of age as per order dated 8 -3 -1989 by the District Establishment Deputy Collector, Gumla. When the petitioner was to retire with effect from 31 -10 -1996, the respondent No. 2, the Deputy Commissioner, Gumla referred the case of the petitioner to the Commissioner, South Chotanagpur Circle, Ranchi vide letter dated 18 -10 -1996 for exemption from passing first paper as the petitioner could not pass first paper due to remaining busy in official work. It appears that the Commissioner, South Chotanagpur Circle, Ranchi, however, refused exemption to the petitioner on the ground that it is not proper to grant exemption at the end of the service. A copy of the letter dated 30 -10 -1996 has been filed and marked as Annexure -5. The petitioner retired 011 completion of 58 years of age on 31 -10 -1996 and, thereafter, the petitioner was asked to deposit the amount of difference of pay -scale from LDC to UDC paid to the petitioner on promotion as UDC with effect from 31 -10 -1988. It is stated by the petitioner that due to threat of stoppage of even provisional pension the petitioner deposited the difference of pay amounting to Rs. 44,072/ - on 20 2 -1997 out of the retiral dues received by him.

(3.) I have heard Mr. N. Prasad, learned Counsel for the petitioner and Mr. R.K. Merathia, learned G.P. 2.