AMARENDRA PAUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant interlocutory application has been filed by the petitioner to challenge the letter bearing No. 730 dated 04.03.2009, issued by the Director, Secondary Education, Jharkhand, Ranchi, to the Deputy Director of Education, Santhal Pargana, Dumka, as per which, he had been directed to take steps for recovery of the amount, paid in excess to the petitioner as salary, in view of the objections made by the Office of the Accountant General, Jharkhand and after due rectification of the pay fixation of the petitioner, send the same to the Office of the Accountant General, Jharkhand, Ranchi for finalization of his pension and gratuity. Learned counsel for the petitioner submits that the said communication has been brought on record by way of counter affidavit as Annexure -E by respondent No. 2, which clearly affects the case of the petitioner adversely as it has been issued without any opportunity of show cause or notice to the petitioner, therefore, the same is also sought to be challenged.

(2.) IT is not in dispute that the aforesaid letter is in context of finalization of pension and gratuity of the petitioner and has been brought on record as Annexure -E to the counter affidavit. It is also evident that consequent to this letter, the Office of the Accountant General, (A & E) Jharkhand, Ranchi had also issued GPO No. 413/10 -11 dated 28.6.2010, whereby a sum of Rs. 4,53,424.00 has been recovered from the Gratuity of the petitioner. The petitioner has challenged the said recovery in the main writ application as has been made without any opportunity of show cause or notice and after his retirement on 31.1.2006 itself.

(3.) ACCORDINGLY , I.A. No. 7886 of 2013 stands disposed of.