RAM KRIPAL SAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner was a Teacher in Nationalised Primary School, Kolpala, Simdega. He worked in the school till 31st July, 1997. The respondents raised a dispute relating his age and held that the petitioner stood retired from services on 30th April. 1993 and worked beyond the period of retirement. Order of recovery was also passed. The petitioner moved before this Court in CWJC No. 1752 of 1998 (R), Ram Kripal Sai v. State of Bihar and Ors., against the said order wherein a Bench of this Court vide order dated 16th September, 1999 held that the petitioner retired on 30th April, 1993, and the direction for recovery is in consonance with law laid down by the Supreme Court in the case of Radha Kishun v. Union of India and Ors., reported in (1997) 9 SCC 239. The Court directed to initiate departmental proceedings against those who were responsible to allow the petitioner to continue in service after 30th April, 1993 and ordered to recover the amount from them, in instalments.

(3.) IN the case of petitioner, aforesaid finding having given by this Court on 16th September. 1999 in CWJC No. 1752 of 1998 (R) and the recovery of excess amount having ordered to be made from the erring officer, there was no occasion for the D.S.E. to recover the amount from the petitioner as ordered by letter No. 1486, dated 8th May, 2002.