JHUPRU DEGRI Vs. STATE OF JHARKHAND AND ORS

JUDGEMENT

(1.) Heard both the sides and perused the writ petition and counter affidavit.

(2.) The petitioner was given a higher pay scale and thereafter he retired, after retirement when the matter was referred to the Accountant General it was detected by the office of the Accountant General that the petitioner had not passed Hindi Noting and Drafting examination and therefore his promotion in higher scale was not legal. Consequently the Accountant General referred back the matter to the department concerned for sending back the service book after making relevant corrections. The A.G. appeared and said that they are the Institutions for watching the implementation of the different Government circular and if the circular says and in absence of passing Hindi Noting and Drafting examinations the promotion can not be given, in that situation any action on the part of the A.G. is just and proper. Learned counsel representing the A.G. also expressed his annoyance over the matter that as a Rule the pension papers should be sent to the A.G. along with service book etc. six months prior to superannuation of the concerned employee and if it is done then in that situation prior to retirement A.G. can point out the defect in pay fixation etc., but very bad practice has been set and in almost all cases after six months or one year of retirement the department of the concerned employee send the papers to A.G. and therefore such situation arises, when asked if the A.G. is going through the several decisions of the Apex Court as well as of the High Court of Patna and Jharkhand that if no misrepresentation or fraud on the part of the employee is alleged then recovery can not be made on account of higher pay scale given to him and why the A.G. is referring the matter to the concerned department, Learned counsel for the petitioner relied upon the Law laid down by the Apex Court in Sahib Ram v. State of Haryana and Ors., 1995 Supp1 SCC 18 Law stated by the Apex Court in the aforesaid case requires to be followed by authority, but neither the concerned department passes the proper order nor the A.G., the result is that the poor retired persons are being compelled to approach the Court spending much money after retirement in corning to this Court. The approach of the department concerned and also of the A.G. can not be appreciated because even in the cases squarely covered by the well known and reported judgments of the Apex Court as well of the Patna and Jharkhand High Court they are compelling employees to obtain individual order from the Court this is depricated.

(3.) In the instant case nothing has been shown that the petitioner had made any misrepresentation or fraud and consequent thereto the higher pay scale was given to him. The learned counsel for the petitioner said that the petitioner has passed the Hindi Noting and Drafting examination in the year 1990, if it is so then the decisions taken by the respondents is more reprehensible. Be as it may the petitioner has superannuated then in view of the judgments relied, it is directed that the amount supposed to be paid excess cannot be recovered from the petitioner.