ARJUN PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, Arjun Prasad Yadav, has stated that he was appointed as Havildar on 7.4.1966 whereafter he was promoted to the post of a Company Commandar in the year 1975 and he retired from that post/capacity on 31.12.1999 from the district of Godda, office of the Commandant Home Guard. According to him, at the time of his retirement he was getting a sum of Rs. 9,000/ - and provisional pension of 90% thereof was fixed at Rs. 4,050/ - p.m. with 37% clearance allowance @ 1.499/ -. He has also stated that on 24.7.2001. the District Commandant, Godda issued a memo addressed to the Treasury Officer, Dumka informing him inter alia that there were no dues against him. At para 6 of the writ petition the petitioner has stated that his pension however, has been fixed on the lower pay scale instead of on the basis of last pay drawn, le. Rs. 9,000/ - and a sum of Rs. 65,130,26 p. has been shown to be excess payment made towards D.C.R./Gratuity and from 1.7.2001 the petitioner is facing deduction from pension.

(2.) THE petitioner has relied on a judgment of Honble Supreme Court of India in the case of Sahib Ram v. State of Haryana and Ors., reported in 1995 Supp (1) SCC 18, in support of the contention that if excess amount has been made by the employer the same cannot be deducted unless it was proved that there was any misrepresentation on the part of the employer. According to petitioner, the respondent never issued any notice nor any notice to show cause while he was in service and, therefore, they could not have fixed the pension on any amount lower than the last pay drawn and the deduction etc. made is fully without jurisdiction.

(3.) IN this case opportunity was given to the State of Bihar to file necessary affidavit by order dated 11.10.2001. Again on 4.2.2002 they made a prayer for adjournment but it appears that no counter affidavit has been filed by them.