SUBAL CHANDRA MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the order of recovery dtd. 14/3/2019, as entered in the service book of the petitioner, by which the respondents have illegally ordered to recover an amount of Rs.1,62,332.00 for the period from 1/4/97 to 31/12/2014 after retirement of the petitioner.

(3.) As per the factual matrix, the petitioner was initially appointed and joined to the post of Assistant Teacher on 3/5/1983, vide memo No. 144- 46, dtd. 16/4/1983 and served the department with full devotion and satisfaction to the respondent-authorities. Subsequently, the petitioner was terminated on 15/1/1985 and thereafter, he was re-appointed vide memo No. 9396-9619 dtd. 26/12/1995 and joining was accepted on 3/1/1996 and since then, he has been discharging his duties to the utter satisfaction of the respondents and after rendering long period of service, he superannuated on 31/3/18. It is the specific case of the petitioner that after superannuation, he has received all the benefits from 3/1/96 though his initial date of appointment was 3/5/83. During the service period, pay-scale of the petitioner was revised and he also received the revised pay-scale duly approved by the District Account Officer. Thereafter, one fine morning, his pay-scale was revised, deducting one increment on 10/3/2018 and approval was also accorded by the District Account Officer. The difference of amount which the petitioner had received in excess was ordered to be recovered from the post-retiral benefits of the petitioner, since he superannuated on 31/3/2018.