SYED MD.HOOD KABRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner a Sub -Inspector of Police superannuated on 31.12.1999 while he was posted at Bokaro. It is stated that till the date of superannuation he was getting the monthly salary in the basic pay scale of Rs. 7,600/ - and he was getting a total sum of Rs. 11,182 -00/ - per month. It is further stated that vide Memo No. 1760, dated 21.10.2000 (Annexure -4), the petitioner 's provisional pension, provisional gratuity and other retiral benefits were revised to a sum of Rs. 3318/ - with effect from 1.1.2000. The said fixation of pension was made considering the basic pay of the petitioner at Rs. 7425/ -.

(3.) IT is stated that by issuance of Memo No. 515, dated 26.3.2001, as contained in Annexure -6, it was said that since the petitioner had not passed the Hindi Noting and Drafting Examination and, therefore, a sum of Rs. 71,859/ - was deducted from his gratuity amount as the said amount was paid in excess on account of providing one more increment. Thereafter, by issue of an order contained in Memo No. 40, dated 12.1.2002 (Annexure -7), the District Order No. 3209/2000 was rectified, mentioning therein that on re -calculation it was found that a sum of Rs. 71,859/ - was wrongly calculated and deducted, in fact a sum of Rs. 34821/ - only should have been deducted, which was found to be paid to the petitioner in excess.