RAJNATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) When this case is called out for hearing, learned Counsel for the Petitioner submitted that the Respondents, during the pendency of the writ petition, have given the benefits of ACP, but they have not fixed the Petitioner's pay scale properly. The Petitioner has been also subjected to purported recovery of the amount, which was allegedly given to the Petitioner due to wrong fixation of pay of the Petitioner during his service tenure, It is admitted case that the Petitioner has retired from the services of the Respondents on 31st January, 2004 after attaining the age of superannuation.

(2.) The Petitioner is aggrieved by the order of the recovery dated 20th August, 2007 (Annexure-4), whereby the Executive Engineer, National Savings, under whom the Petitioner had worked, was directed to recover the excess amount, allegedly paid to the Petitioner on the basis of wrong fixation of the Petitioner's pay scale with effect from the earlier date.

(3.) A counter affidavit has been filed on behalf of the Respondents, supporting the said order. It has been stated that the Petitioner was entitled to be promoted to the selection grade with effect from 20th March, 1983, but he was wrongly given promotion and its benefit with effect from 20th March, 1978. Similarly, he was given promotion in super selection grade, though he was not entitled.