LAWS(JHAR)-2016-11-59

PRAYAG MAHTO, SON OF LATE RAMAWATAR MAHTO, RESIDENT OF DEVI MANDAP ROAD, HESAL, P.O. Vs. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, PROJECT BUILDING, P.O. AND P.S.

Decided On November 08, 2016
Prayag Mahto, Son Of Late Ramawatar Mahto, Resident Of Devi Mandap Road, Hesal, P.O. Appellant
V/S
The State Of Jharkhand Through Its Chief Secretary, Government Of Jharkhand, Project Building, P.O. And P.S. Respondents

JUDGEMENT

(1.) Referring to paragraph no.11 of the writ petition, the learned counsel for the petitioner submits that in the previous writ proceeding vide W.P.(S) No. 1267 of 2003, the petitioner was one of the applicants. The said writ petition was disposed of on 15.7.2008 in the following terms:

(2.) The grievance of the petitioner is that in spite of a direction issued by this Court, the respondents neither issued a fresh demand nor refunded the alleged excess amount which was deducted from the pension of the petitioner and others.

(3.) Ms. Bharti Singh, the learned J.C. to Sr. S.C.-III, however, refers to the stand taken by the State in W.P.(S) No.1267 of 2003 and contends that the petitioner and others, who were parties in the previous writ proceeding, had given undertaking to refund excess payment, if any, made to them.