BAIJNATH RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the aforesaid writ application, the petitioner has inter alia prayed for issuance of a writ/order/directions for payment of retiral benefits like pension, gratuity etc. and arrear dues in respect of promotion of the petitioner to the post of Senior Auditor, Grade-I w.e.f. 11.02.1993 and for fixation of salary in the scale prescribed for Senior Auditor Grade-I and fixation of pension and other retiral benefits. The petitioner has further prayed for quashing of order dated 24.10.2007 and memo dated 03.04.2010 (Annexure-11 series) by which the petitioner has been reverted to Senior Auditor, Grade-II from Senior Auditor, Grade-I and Rs.1,30,282.00 has been deducted from the pension and leave encashment in violation of principles of natural justice read with Sec. 43-B of the Bihar Pension Rules and for direction upon the respondents to pay the retiral dues of the petitioner on the basis of pay scale of Senior Auditor, Grade-I and for refund of the amount of Rs.1,30,282.00 deducted/recovered from the due pension and leave encashment.

(2.) The factual matrix as delineated in the writ application in a nutshell is that the petitioner joined in the Department of Finance (Audit) as Auditor on 18.06.1986 in the parent State of Bihar. Subsequently, the petitioner was promoted as Senior Auditor w.e.f. 01.01.1993 which he joined on 11.02.1993 on sanctioned post in the scale of Rs.1500-2750.00 in the light of memo no.231 CAG, Bihar dated 15.02.1999, vide annexure-1 to the writ application. Thereafter the petitioner was promoted on 02.02.1999 to the cadre of Senior Auditor, Grade-II in the A.G., Government of Bihar, Patna. Subsequently, the petitioner was promoted to the post of Senior Auditor in the Department of Finance (Audit), Government of Bihar w.e.f. 11.02.1993, vide letter dated 06.11.1995 as per annexure-2 to the writ petition. After about ten years of continuous service as Senior Auditor, Grade-II, the petitioner's seniority was revised vide order dated 13.02.2003, vide annexure-3 to the writ petition. As per the seniority list to Grade-I of Senior Auditor, the petitioner stood at Serial no.150. Again vide office order dated 22.08.2003, the petitioner was deputed as Senior Auditor, North Chhotanagpur Division, Hazaribag, as per annexure-4 to the writ application and finally, the petitioner was allocated to Jharkhand cadre. While continuing as Senior Auditor, Grade-I suddenly without any rhyme and reason the petitioner has been reverted vide office order dated 24.10.2007 to the post of Senior Auditor, Grade-II with retrospective effect from 01.01.1996. As per the clarification of the Chief Secretary of the State of Jharkhand, vide letter dated 06.07.2009 any excess payment could not be recovered by an ex-parte order of the Government as evident from annexure- 9 to the writ application. Notwithstanding the said clarification, vide annexure -9 to the writ application, Rs.1,30,282.00 were recovered from the pensionary benefits and leave encashment as per memo dated 03.04.2010 after retirement of the petitioner on 30.11.2008.

(3.) Being aggrieved by the impugned order of reversion and recovery, the petitioner submitted representations to the authorities. But, the said representations have fallen on deaf ears of the respondents. Left with no alternative, efficacious and speedy remedy, the petitioner has approached this Court invoking extraordinary jurisdiction under Art. 226 of the Constitution of India for redressal of his grievances.