BASUDEO MEHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER is aggrieved by the order dated 3.3.2000 issued by the District Superintendent of Education, Deghar, whereby he has directed for recovery of Rs. 49,756/ - from the gratuity/pension payable to the petitioner and also order dated 13.4.2000 passed by Senior Account Officer, Accountant General, Bihar whereby the aforesaid amount has been recovered from the amount of gratuity payable to the petitioner.

(2.) PETITIONER was serving as Head -clerk in the department of Education and superannuated on 31.1.2002 from the office of the District Education Officer, Deoghar. It appears that the petitioner was appointed in 1962 and after serving for a long period he retired in January, 2002. After his retirement, the District Superintendent of Education issued an order to the effect that there was wrong fixation of salary of the petitioner from 1,4.1981 to 31,3.1983 instead of payment of salary at the pay scale of Rs. 680 -965/ -, he was paid salary at the pay scale of Rs. 730 -1080/ -. Similarly, from 1983 to 1989 instead of his salary at the pay scale of Rs. 730 -1080/ -, he was paid salary at the scale of Rs. 785 -1210/ -. In this way he was paid excess salary which is recoverable from him.

(3.) THIS writ application is therefore, allowed and the impugned orders dated 3.3.2000 and 14.4.2000, as contained in Annexures -1 and 2 to the writ application are hereby set aside. Respondents are directed to refund the aforesaid amount which has been illegally recovered from the gratuity of the petitioner.