ASHOK KUMAR MANDAL, SON OF: LATE GANESH CHANDRA MANDAL, RESIDENT OF: CHANDIL STATION BASTI, P.O: TONKOCHA, P.S.: CHANDIL, DISTRICT Vs. THE STATE OF JHARKHAND THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF JHARKHAND, PROJECT BUILDING, P.O. & P.S.

JUDGEMENT

(1.) Since identical prayers has been made in the aforesaid writ applications, with the consent of respective counsels all the aforesaid cases have been heard analogously and are being disposed of by this common order. In W.P.(S) No.1631 of 2016, the petitioner has inter alia prayed for quashing the office order containing letter dated 02.02.2016 and communicated vide memo dated 06.02.2016 (Annexure-6) whereby an order of recovery of Rs.1,77024.00 has been passed, which has been impugned in the said writ application on the ground of breach of cardinal principles of natural justice. Sans details the facts as disclosed in the said writ application is that in the year, 1983, the petitioner was appointed as Science Teacher and in the year, 1991 after being sent for In service training the petitioner acquired the training. In the year, 1995 the petitioner was granted the scale of Rs.1640- 2900.00 w.e.f 25.07.1991 i.e. the date on which he acquired the training. In the year, 2001 in the 5th pay revision scale of pay, the petitioner scale was revised in the scale of Rs.5500-9000.00 w.e.f. 01.01.1996. The petitioner was also granted senior scale of pay of Rs.6500-10500.00 on completion of 12 years i.e. w.e.f. 25.07.2003. In the year, 2009 in the 6th pay revision, the pay scale of the petitioner was revised in the scale of Rs.9300-34800.00 P.B II which is the replacement scale of Rs.5500-9000.00 w.e.f. 01.01.2006 but the actual benefits was given on 01.04.2007. On 06.02.2016 the petitioner was served memo no.118 dated 06.02.2016 communicating the order contained in letter no.93 dated 02.02.2016 directing for compulsory recovery amounting of Rs.1,77,024.00 in Government treasury.

(2.) In W.P.(S) No.1410 of 2016, the petitioner has sought for quashing the order issued vide letter dated 10.02.2016 (Annexure-5) whereby a show cause notice has been served upon the petitioner by respondent no.6, asking as to why a recovery of Rs.1,84,206.00 may not be made from him, which has been issued on the basis of order of recovery issued by respondent no.5 vide letter dated 23.10.2015 (Annexure-4) on the basis of audit report. The petitioner has also sought for quashing of letter dated 23.10.2015 (Annexure- 4). The brief facts emanated from the writ application is that the petitioner was appointed as Bachelor of Science untrained teacher on 15.03.1983. The petitioner participated in the training session of science graduate teacher, being session 1988-89, in which the petitioner was qualified and his date of passing was 24.06.1992. In the year, 1995 the petitioner has been granted the scale of pay of B.Sc trained scale. To the utter surprise, in pursuance to Audit Report No. 104/2014-15 and Letter No.179 dated 18.08.2015, issued by respondent no.7, the respondent authorities issued a letter dated 23.10.2015 by directing the process of recovery. In pursuance to letter dated 23.10.2015, the principal of the school, respondent no.5 has issued a show cause upon the petitioner for recovery from the pay of the petitioner. The recovery of Rs.1,84,206.00 vide letter dated 10.02.2016 is impugned in this writ application.

(3.) In W.P.(S) No.1645 of 2016, the petitioner has prayed for quashing the impugned letter dated 23.10.2015 (Annexure-8) issued by the District Superintendent of Education, Saraikella Kharsawan so far as it relates to the petitioner, by which the amount of Rs.3,34,466.00 has been ordered to be recovered, on the basis of the Audit Report of Deputy Secretary Cum Accounts Controller Finance (Audit) Department, Jharkhand Ranchi and the petitioner has further prayed for quashing the impugned consequential letter dated 04.11.2015 and letter dated 10.02.2016 (Annexure-9 & 10) issued by the Block Education Extension Officer, Gamaharia and Head Master Cum Drawing and Disbursing Officer, Middle School Krishapur, Gamaharia in compliance of the impugned letter dated 23.10.2015 (Annexure-8). The petitioner has further prayed for issuance of writ of mandamous commanding upon the respondents to make payment of post retiral benefits including the amount of pension, gratuity, commutation of pension and leave encashement etc. The facts as disclosed in the writ application in a nutshell is that the petitioner was appointed as Assistant Teacher vide office letter dated 21.02.1983 issued by the District Superintendent of Education, Singbhum, Chaibasa. Thereafter, the petitioner acquired the teachers training qualification issued by the Secretary, Bihar School Examination Board on 05.01.1993. Thereafter, the petitioner was granted B.Sc. trained pay-scale. On account of 12 years of satisfactory service, the pay-scale was granted for the petitioner 1st time bound promotion w.e.f 16.03.2004. The petitioner after attaining the age of 60 years got superannuated from service w.e.f 31.01.2016 on B.Sc. trained pay scale. After retirement, the petitioner has received the impugned letter dated 23.10.2015 issued by the District Superintendent of Education, Saraikella Kharsawan along with a list of teachers wherein an amount of Rs.3,34,466.00 has been shown to be recoverable for the period from March, 1992 to March, 2012. The aforesaid impugned letter was received along with letter dated 04.11.2015 and letter dated 10.02.2016 issued by the Block Education Extension Officer, Gamharia and Head Master Cum Drawing and Disbursing Officer, Middle School, Krishnapur, Gamaharia respectively vide Annexures 8, 9 and 10 of the writ application. After receipt of the aforesaid letter, the petitioner submitted his representation dated 11.03.2016 vide Annexure-11 to the writ application.