INDU BHUSHAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. With consent of the learned counsel for the parties, this writ petition is taken up for final hearing at this stage. Learned counsel appearing for the respondents waives notice on behalf of respondents.

(2.) THE petitioner, by way of filing this writ petition under Article 226 of the Constitution of India, has prayed for quashing of letter No. Pen -4 -Sa -385 dated 17.6.1998 (Annexure -3), whereby, respondent No. 4 has been directed for deduction of salary of petitioner which has been given to petitioner 17 years ago from the date of retirement of the petitioner. It has further been prayed for quashing the order issued by respondent No. 6, whereby, the provisional pension of the petitioner has been stopped since May, 2002 (Annexure -2).

(3.) A counter -affidavit has been filed on behalf of respondent No. 6 and in para -6, it is stated that after receipt of objection raised by A.G. Office dated 17.6.98, the service book of the petitioner was sent to the District Account Officer, Deoghar for verification of fixation of the salary of the petitioner in proper scale. It is also stated that admittedly the petitioner was promoted as Basic Health Inspector on 17.7.98 and therefore in terms of the time bound promotion scheme, he was entitled for first time bound promotion w.e.f. 17.7.88 but he was wrongly given first time bound promotion w.e.f. 1.4.81 and second time bound promotion w.e.f. 1.4.86. It is also stated that a copy of letter dated 17.6.98 was also sent to the petitioner by respondent No. 4 but the petitioner never filed any representation before respondent Nos. 4 and 6. It is further submitted that in absence of any objection from the petitioner, as the petitioner was wrongly given first time bound promotion and 2nd time bound promotion w.e.f. 1.4.81 and 1.4.86, respectively, while he was entitled for the 1st time bound promotion only w.e.f. 17.7.98, it was decided to recover the excess amount. It is further submitted that the fixation of salary done by respondent No. 6 was duly verified by the District Accounts Officer, Deoghar on 10.9.2003 and as per the calculation, the excess amount paid to the petitioner on account of wrong time bound promotions given to him w.e.f. 1.4.81 and 1.4.86 comes to Rs. 95,588.00 and therefore, a letter was sent to the petitioner asking him to deposit the excess amount of Rs. 95,588.00, failing which, respondent No. 4 was asked to deduct the same from the retiral benefits of the petitioner. It is further submitted that respondent No. 6 has also written a letter to the Accountant General, Jharkhand annexing the service book and pension paper of the petitioner for fixation of final pension and gratuity vide its letter dated 13.9.2003. It is also submitted that since the petitioner was wrongly given time bound promotions w.e.f. 1.4.81 and 1.4.86, the respondents are entitled to recover the excess amount paid to him from retiral dues of the petitioner.