BIBI KAMRUN NISHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) CHALLENGING order contained in letter dated 15.03.2007, the petitioner has approached this Court.

(2.) THE brief facts of the case are that, the husband of the petitioner was appointed as Assistant Teacher on 29.06.1976 in the Middle School, Murgadanga, Hirapur. The husband of the petitioner was granted I.A. Trained Scale. Subsequently, the husband of the petitioner obtained degree in Fazil in the year 1980 which is equivalent to B.A. Degree. The husband of the petitioner died on 20.04.2006 while in service. The petitioner made a representation before the respondentauthority for grant of pensionary benefits however, by the impugned order dated 15.03.2007, the claim of the petitioner has been declined and an order for recovery has been passed on the ground that on 19.11.1987, the husband of the petitioner was granted I.A. trained scale illegally and therefore, the excess payment made to the husband of the petitioner should be recovered. The letter from the office of the Accountant General, Jharkhand issued on 31.12.2006 would indicate that an amount of Rs. 2,85,958/ has been withdrawn from the gratuity amount payable to the husband of the petitioner.

(3.) A counteraffidavit has been filed contending that in compliance of order dated 04.10.1993 passed by the Hon'ble Patna High Court, a proceeding was initiated by the Director, Primary Education, Bihar and it was found that I.A. Trained payscale was granted to 219 persons illegally against 184 vacant posts. It has further been stated that on the basis of the audit inspection report of the office of the Accountant General, Jharkhand, proceedings for recovery of excess amount paid to the husband of the petitioner and several others were initiated.