CHANDRESHWAR SAHU Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) THE Deputy Commissioner, Gumla, BDO, Ghaghra and the Treasury Officer, Gumla appeared and informed that the payment of retiral benefits including admitted Pension has been paid to the petitioner, but it was opposed by the counsel for the petitioner. It was submitted that though there was no occasion for the authorities to look into the legality and propriety of order of promotion even prior to his retirement, but they have fixed the Pension of the petitioner in the lower scale on the ground that the petitioner has not passed the Mundari Examination. It was submitted that there is no provision to recover any amount from Pension or Gratuity, except by initiating a proceeding under Rule 43(b) of the Bihar Pension Rules, 1950. But no such proceeding was initiated by the Officers nor initiated by the State of Jharkhand. Thus, the Opposite Parties cannot recover any amount from the Pension nor can fix the pension in the lower scale of pay.

(2.) THE BDO, Ghaghra has appeared and informed that the mistake has now been rectified and corrected PPO has been issued by the Accountant General, Jharkhand. On the basis of such PPO, the petitioner being entitled for certain arrears towards Pension, an Account Payee cheques dated 4th November, 2004 for Rs. 2,54.222/ - is being prepared to hand over the same to the petitioner, which includes the arrears of Pension, arrears of salary and interest (c) 5% to which the petitioner is entitled as per Court's order.

(3.) COUNSEL for the petitioner submits that the Pension of the petitioner has not been fixed properly in the revised scale with effect from 1986, but this Court is not inclined to decide the issue in this case. The petitioner may bring the same to the of the competent authority or may move separately.