JAMES XESS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court for quashing of the letter dtd. 24/4/2019 ( Annexure-6) issued by the Accountant General, whereby and whereunder, the respondents have passed the order of recovery from the pension of the petitioner and the same is being deducted per month regularly on the ground that fixation of pension of the petitioner has wrongly been done in excess. Consequent thereto, for a direction upon the respondents to refund the deducted amount.

(3.) The case of the petitioner lies in a narrow compass. The petitioner was working as an Assistant Teacher in the R.C. Primary School, Saindih, Sikirya Tanr, Simdega. The petitioner was initially appointed to the post of Assistant Teacher against the sanctioned post by the Managing Committee of the School vide letter dtd. 22/1/1985 and joined on 31/1/1985, which was accepted by the District Superintendent of Education of the then Gumla District. The said school is a recognized Minority School, approved by the State Government. After appointment, the petitioner was working diligently and to the utmost satisfaction of the respondents and there was no complaints whatsoever from the authorities. It is specific case of the petitioner that on allegation of unauthorized absence, the petitioner was show caused and later on removed from the service vide order dtd. 2/11/2001 by the respondents. Aggrieved by the same, the petitioner had earlier approached this Court, by way of filing a writ petition being W.P.(S) No. 4751 of 2009, which was allowed vide order dtd. 11/12/2015. In compliance of the order of this Court, the pension of the petitioner was fixed and the petitioner started receiving his pension w.e.f. 7/11/2001. It is specific case of the petitioner that after lapse of several year, the respondent-Accountant General vide impugned letter dtd. 24/4/2019 have passed the order of recovery from the pension of the petitioner as fixation of pension has wrongly been done in excess. Aggrieved by the same, the petitioner has been constrained to knock the door of this Court.