AMARNATH JHA, SON OF LATE PT. MADHUKAND JHA, RESIDENT OF 35/C, ROAD NO.1, PARK ROAD Vs. ACCOUNTANT GENERAL, JHARKHAND, RANCHI

JUDGEMENT

(1.) In this accompanied writ application, the petitioner has approached this Court for quashing of the letter dated 09.11.2009 (Annexure-3) issued by the respondent no.2, the letter dated 01.12.2009 (Annexure-4) issued by respondent no.8, the letter dated 09.11.2010 (Annexure-5) issued by the respondent no.2 and letter dated 15.02.2012 (Annexure-10) issued by respondent no.5 whereby the benefits of the sixth pay revision in the pension of the petitioner already credited in the pension account, amounting to Rs.1,63,903.00 for the period of 01.01.2006 to 01.04.2007 has been illegally withdrawn and for direction to the respondents to recredit the said amount with interest.

(2.) The brief facts, as delineated in the writ application, is that petitioner was appointed as Assistant Engineer, Department of Irrigation, Govt. of Bihar and joined the post on 23.07.1960 and retired as Chief Engineer of the Department on 31.01.1995. It is stated that after retirement the petitioner opted for payment of his pension from Ranchi treasury through State Bank of India, Ashoknagar Branch, Ranchi being the resident of Ranchi, Jharkhand and is drawing pension as per rules of the undivided State of Bihar. Due to some miscalculation regarding pay fixation and consequent revision of pension, the petitioner gave representation dated 30.05.2009 and 02.09.2009 to the Branch Manager, Ashoknagar, SBI, Ranchi and Accountant General, Jharkhand vide Annexure-1 series to the writ application. Pursuant to the said representation, the Accountant General, Jharkhand vide letter dated 09.11.2009 (Annexure-3) informed the Central Pension office SBI Administrative office Patna that the petitioner has retired from Samastipur (Bihar) and as such matter regarding fixation of pension etc. will be done by A.G., Bihar, Patna. It is further stated that Deputy General Manager, SBI, Jharkhand without having any order of Accountant General, Bihar in pursuance to the letter of Accountant General, Jharkhand, vide letter dated 01.12.2009 informed the petitioner that benefit of sixth pay revision given to the petitioner as pensioner of Jharkhand State is wrong and as such excess payment of Rs.1,63,903.00 credited in his account has been withdrawn as evident from Annexure-4 to the writ application. The Accountant General (A & E), Jharkhand, Ranchi vide letter dated 09.11.2010 informed the Treasury Officer, Doranda, Ranchi that revised pension of the petitioner will be given w.e.f. 01.04.2007 as per Annexure-5 to the writ application. It is further stated that after bifurcation, in pursuance to resolution dated 28.01.2002, the petitioner as per his option was rightly drawing his pension from the State of Jharkhand. The Government of India, Ministry of Power vide order dated 03.11.2006 in compliance of order of the Honourable Supreme Court dated 01.12.2006, taken a decision that after bifurcation pensionary benefits in case of retired employees shall be paid by the successor State from where such employee was drawing pension as evident from Annexure-7 series. It is further stated that as per Government of India decision as appeared in Clause-17(a) of the Gazette notification, the Government of Jharkhand vide resolution dated 28.02.2009, implemented the revision for the State Government employee w.e.f. 01.01.2006 as evident from Annexure-8 to the writ application. It is further stated that the State Bank of India, Jharkhand-I (respondent no.9) without any order or letter of Accountant General either of Bihar or Jharkhand or of Government of Jharkhand, recovered an amount of Rs.1,63,903.00 from the account of the petitioner vide Annexure-9 to the writ application. Thereafter, by letter dated 15.02.2012 the Deputy Secretary, Department of Finance, Government of Jharkhand in complete suppression and disregard of the decision of the Government of India as well as Honourable Supreme Court as contained in Annexure-7 series, informed the petitioner that his pension shall be fixed as per resolution of Government of Bihar dated 23.09.2009 and not as per resolution of Government of Jharkhand dated 28.02.2009 so also in complete violation of Art. 14 of the Constitution of India as evident from Annexure-10 to the writ application. Being aggrieved by the impugned orders, the petitioner having no other efficacious and alternative remedy, has approached this Court under Art. 226 of the Constitution of India for redressal of his grievances.

(3.) Per contra, a counter affidavit has been filed on behalf of the Staterespondent nos.4 and 5 repelling the averments made in the writ application. It has been stated in the counter affidavit that since the petitioner is a retired employee of State of Bihar, he shall be guided by the circular, resolution, Government orders issued by the State of Bihar, the petitioner cannot claim the benefit at par with the employees of the State of Jharkhand. It has been further stated that the benefit of 6th pay commission was allowed to the employees of State of Jharkhand with effect from 01.01.2006 whereas the State of Bihar granted the benefit of 6th pay revision to its employees with effect from 01.04.2007 and when the mistake in payment of pensionary benefit of 6th pay revision of the petitioner was detected, an amount of Rs.1,63,903.00 was recovered from the account of the petitioner, which was credited for the period 01.01.2006 to 01.04.2007. It is further stated that the petitioner has been given information in this regard vide letter dated 15.12.2012 (Annexure-A to the counter affidavit) that he will get benefit ofpension as per resolution of State of Bihar.