SADHO CHARAN SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court.--In this writ petition, the petitioner has prayed for quashing the part of the office order dated 26th March, 2007 (Annexure-2) as also for quashing the letter dated 8th June, 2007 (Annexure-3), whereby Rs. 94,853/- said to be paid to the petitioner, in excess, under 22(C) Scheme. The petitioner has further prayed for a direction on the respondents to refund the said amount, which has been deducted from the amount of his retiral benefits.

(2.) According to the petitioner, his pay scale was fixed by the superior authority. He was paid salary for discharging his duty and no excess amount had been paid to him. The payment was made under Fundamental Rule 22(C) by the order of the competent authority and there was no fraud or misrepresentation on the part of the petitioner in getting his salary fixed. It was not the fault of the petitioner, if his salary was fixed by the competent authority under certain scheme or under 22(C) Scheme. There was no misrepresentation or any role of the petitioner in getting the same benefit and as such the same cannot be recovered from him. But the respondents have arbitrarily and illegally deducted the amount from retiral benefits. It has been further submitted that no notice was given to the petitioner, informing him the reason for deduction and no opportunity of meeting was afforded to him. The deduction of the said amount by the respondents unilaterally is wholly arbitrary, unjust and illegal and the impugned orders are liable to be quashed.

(3.) A counter-affidavit has been filed on behalf of the respondent No. 2. It has been stated, inter alia, that the said amount has been recovered from the petitioner, as the same was paid in excess due to wrong fixation of his pay scale. Recovery has been made as per the instruction of the Government.