KRISHNA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner in this writ application, has prayed for quashing of Annexures-1 and 2, which are orders passed by the respondent no. 2 and respondent no. 3 respectively whereby, while reducing the pay scale of the petitioner, order has been passed for recovery of the purported excess amount from the retiral dues of the petitioner.

(3.) The petitioner was employed as a Senior Instructor (Wireman) at I.T.I., Hazaribagh. He was granted first time bound promotion on 1.4.1981. The petitioner eventually retired from service on 28.02.2003. Much after his retirement, vide the demand letter dated 8.9.2003 issued by the Director, Employment & Training, Government of Jharkhand, the petitioner was informed that by a wrong fixation of his pay scale at the time of his first time bound promotion, in the scale of Rs. 850-1360/-, instead of the scale of Rs. 785-1210/-, he was given excess payment than what was fixed for the post which he had held and the purported excess amount drawn by the petitioner all along since the date of grant of first time bound promotion, till the date of his retirement, has been assessed at Rs. 44,644/- and the same is sought to be recovered from his retiral dues from the amount of his Leave Encashment.