NAGESHWAR RAM DANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER is aggrieved of the order dated 07th January, 2005 and action of the Respondents, whereby last pay of the petitioner has been reduced from Rs. 10,250/ - to Rs. 7500/ - and consequently recoveries have been made from his retiral benefits on the ground that he did not pass the Hindi noting and drafting exam nation during his service. Petitioner retired from service on 01.08.2002 from the post of Headmaster, Government Middle School, Jharda at Katkam Sandi Block (Anchal). It is alleged that his retiral dues and his salary on the basis of the revised pay -scale has not been paid. On account of non -payment of the retiral benefits, petitioner filed W.P. (S) No. 2289 of 2004, which came to be disposed of vide order dated 28th April, 2004, wherein petitioner was asked to file a representation before the District Superintendent of Education, Hazaribagh giving the details of his claim and a direction was issued to the District Superintendent of Education, Hazaribagh to determine the claim of the petitioner and dispose of the representation within a period of four weeks. It was further observed that if the claim of the petitioner was found to be genuine, all steps must be taken for payment of such dues without any further delay. Petitioner filed a representation pursuant to the aforesaid directions. It is stated that petitioner's salary was fixed on 6th of May, 1999 at Rs. 9,500/ - and after adding two annual increments, last drawn salary at the time of his retirement was Rs. 10,250/ -. Petitioner has placed on record last bill chart to demonstrate the last payment of salary at Rs. 10,250/ -. It is also stated that difference of salary on the basis of revised pay -scale from 01.04.1997 till the date of retirement has also not been paid. On the strength of the impugned order, Respondents have deducted a huge amount from the retiral benefits by reducing the last pay drawn of the petitioner, from Rs. 10,250/ - to Rs. 7500/ - and consequently his pension and other retiral benefits have also been fixed on that basis. Only ground for reducing the salary is non -qualifying of the Hindi noting and drafting examination during the service. In Para 17 of the writ application, petitioner has specifically stated that he filled -up the form for departmental examination for Hindi noting and drafting examination during his service. However, result of the same was declared after his retirement on 23rd December, 2002 in which he was declared successful.

(2.) IN the counter affidavit filed, the respondents have reiterated the stand as contained in impugned Annexure -4. However, it is admitted that petitioner appeared in the examination on 25th August, 2002 and pass the same on 23rd December, 2002. Respondents, however, have not denied the specific averment in the writ application that petitioner applied for the said Examination during his service, which was conducted after his retirement. Respondents have also made reference to the Memo No. 1834 dated 13th November, 1987, which makes it mandatory for the Headmaster to pass the Hindi Noting and Drafting Examination during service. This was followed by a Government letter No. 2394 dated 01st September, 1993, which also require passing of such examination during the service, otherwise increment shall be withheld automatically. It is stated that when the petitioner submitted his paper for preparation of pension etc., the District Accounts Officer, Hazaribagh raised objection regarding the non -qualification of Hindi Noting and Drafting Examination and consequently reduced the last pay drawn to Rs. 7500/ -. Papers were, accordingly, sent to the Accountant General's Office, which has fixed the pension and other retiral benefits taking into consideration Rs. 7500/ - as the last pay drawn and consequently P.P.O. No. HZB EDN 5676 has been issued.