NAGESHWAR KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner has sought quashing of Memo. No. 177 Ranchi dated 13th May, 2010 (Annexure-1 issued by the Deputy Director, Geo Engineering Cell, Ranchi (Respondent No. 4), whereby the pay scale of the petitioner has been reduced allegedly after one year after his retirement and his provisional pension fixed earlier has also been modified and reduced vide Memo. No. 209 Ranchi dated 9th June, 2010 (Annexure-21). The petitioner has further prayed for quashing of Memo. No. 288 dated 19th April, 2012 (Annexure-33) issued by the Respondent No. 4, whereby an amount of Rs. 1,76,259/- has been recovered from the cash amount of unutilized leave of the petitioner, after his retirement. The petitioner has also consequentially prayed for release of post retirement dues and interest thereon, till payment, such as gratuity, cash for unutilized leave, full pension in place of provisional pension, difference of amount of group insurance scheme alongwith interest. He has also sought quashing of the order by which, he has been directed to deposit the amount of Rs. 1,76,259/- in question and consequentially, refund of the recovered amount.

(2.) The case of the petitioner is that he was appointed on the post of Cashier on 22nd November, 1973 under the respondent Department. On the basis of his seniority, he was posted as Head Clerk-cum-Accountant in different offices vide Memo dated 26th March, 1990. According to him, he was promoted and posted as Head Clerk-cum-Accountant in the office of the Additional Director (Geology), Ranchi. His provisional promotion to the said post was confirmed under the instructions and provisions of the Circular dated 12th August, 1992 of the Finance Department with the approval of the Secretary, Mines and Geology, Government of Bihar. He was informed of such confirmation by Office Memo dated 5th February, 1996, Thereafter, certain arrears on account of grant of promotion in Junior Selection Grade in the pay scale of Rs. 1,400-2,300/- amounting to Rs. 5,718.80 was also received by him through Office Memo dated 14th April, 1999. He also received the monetary benefits of Rs. 33,957/- in the scale of Rs. 1,400-2,600/- for the period between 1st March, 1989 to 31st December, 1995, in March 2001.

(3.) According to him, he was promoted on the post of Head Clerk in Senior Selection Grade in the revised pay scale of Rs. 4,500-7,000/- vide Office Memo dated 22nd June 2001 (Annexure-4). Thereafter, the petitioner was allocated Jharkhand Cadre as a Head Clerk. He has also been given the benefits of first ACP alongwith second ACP in the pay scale of 4,500-7,000/- and Rs. 5,000-8,000/- respectively. Thereafter, the petitioner has been given the financial benefits in the pay scale of Rs. 5,000-8,000/- with effect from 1st April, 1997 vide Memo dated 26th July, 2006 issued by the Directorate of Geology, Ranchi (Annexure-7). The petitioner thereafter retired on 30th June, 2009. After his retirement, he submitted his papers for release of post retirement dues such as pension, gratuity, unutilized leave amount and group insurance amount. In such circumstances, after his retirement, the respondent had provisionally fixed his pension at the rate of Rs. 9,387/- per month being 90% of the admissible pension which was being paid since 1st July, 2009. The petitioner was entitled to release of 2,50,000/- against unutilized leave of 300 days.