MUNARI DEVI Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) SMT . Munari Devi, the petitioner has filed this writ petition for giving direction to the respondents to pay the death -cum -retiral benefits to the petitioner as her husband died in harness on 30.7.1998 and also praying for the quashing of the order dated 19.4.2001 issued by the Joint Secretary, Bihar State Electricity Board communicating that the last pay drawn by the husband of the petitioner as been calculated at Rs. 2,975/ -as his basic pay although the husband of the petitioner was drawing salary on the basis of Rs. 3050/ as his basic pay.

(2.) THE petitioners husband, Shri Chandrika Mistry who was an employee of Electricity Board died in harness on 30.7.1998. He was working in the post of Head Clerk in Patratu Thermal Power Station, Patratu at the time of his death. The basic pay of the husband of the petitioner at the time of death was Rs. 3050/ -. The respondents, without any proceeding and without adopting any procedure of law, reduced the last pay drawn from Rs. 3050/ - to Rs. 2975/ - and paid the death -cum -retiral dues after deducting the entire amount from the same considering that excess payment was made on the basis of Rs. 3050/ - as basic pay instead of Rs. 2975/ -.

(3.) FOR deciding the question as to whether the employer could recover the excess payment alleged to have been made to the employee from his legal representative; after the death of the employee, from the retiral benefits, without following the prescribed procedure and without any material to show that excess payment was obtained by the employee due to misrepresentation made by him, several cases have been referred to this Full Bench. This is one of those cases.