MADHAV CHANDRA CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the order as contained in Memo No. 660 dated 16.05.2006 passed by the respondent no. 4 whereby and where under respondent no. 4 has recovered an amount of Rs. 21,419/- from the salary of the petitioner and has again fixed the pay of the petitioner on the basis of a decision passed by the Finance Department, Bihar, Patna dated 16.11.2006. It has further been prayed that the recovered amount of Rs. 21,419/- be refunded back to the petitioner.

(2.) The petitioner was appointed as a Science Teacher on 14.10.1982 and posted in High School, Sarsa in the district of Deoghar. The petitioner was given promotion to senior scale after 12 years of service in terms of the decision of the Divisional Establishment Committee dated 12.09.1995. Pursuant to such promotion, the payscale of the petitioner was also revised which was approved by the respondent no. 3 vide his order dated 17.11.1995. After reorganisation of the State, the Department of Finance, Bihar, Patna had taken a decision regarding revision of pay of the teachers who were working in the State of Bihar and which was issued by the resolution no. 7946 dated 16.11.2000. The said resolution was under scrutiny in C.W.J.C. No. 3984 of 2001 which was disposed of on 04.07.2001 by which it was held that the order contained in Memo No. 7946 dated 16.11.2000 by which a direction was issued to recover excess amount was set aside. The Jharkhand Rajya Madhyamik Shikshak Sangh has also challenged the resolution no. 7946 dated 16.11.2000 in W.P.S. No. 3923 of 2001 in which it was held that the respondents cannot give effect to the orders dated 16.11.2000 and 20.12.2000 issued by the Finance Department of State of Bihar, Patna to any of the members of the petitioner - Sangh. Subsequently, in course of audit it was detected that excess payment was made to the petitioner and thereafter letter dated 14.02.2006 was issued based on the audit report by which the petitioner was directed to deposit an amount of Rs. 21,419/- from the salary of the petitioner and which is under challenge in the present writ application.

(3.) Heard Mr. J.P. Jha, learned senior counsel for the petitioner and Mr. Jalisur Rahman, learned J.C. to G.P. III.