MAHABIR PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) In the accompanied writ application, the petitioner calls in question the legality and propriety of the forwarding letter dated 7.12.2007 (Annexure-4) from the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi (Respondent No. 2) whereby a copy of the letter dated 29th October, 2007 (Annexure-5) has been forwarded to the petitioner from the Additional Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna (Respondent No. 4) with a direction to refund the amount of honorarium/special remuneration received by the petitioner within fifteen days on the ground that after creation of the State of Jharkhand, the impugned order is not sustainable in view of the decision rendered by this Court in the case of State of Bihar v. Arvind Vijay Bilung & Another reported in 2002(1) J.L.J.R. 697.

(2.) Heard Mr. Afaque Ahmed, learned counsel for the petitioner and Mr. Kaustav Roy, learned J.C. to Sr. S.C.-III appearing for the Respondent nos. 1 and 2 as well as Mr. Pankaj Kumar, learned J.C. to G.A. (Bihar) appearing for Respondent Nos. 4 and 7.

(3.) The brief facts, as disclosed in the writ application, is that initially, the petitioner was appointed on the post of Administrator, Bihar School Examination Board, Patna vide Annexure-1 to the writ application and continued on the said post from 7.5.1997 to 7.5.1998. Again the petitioner joined his assignment as the Administrator to the Board on 31.10.1998 and continued to work on that post till 16.2000. In view of the fact that the petitioner was posted as the Administrator of the Board, he was exercising all the powers of the Chairman of the Board. Para-71, Chapter-10 of the aforesaid Board Regulations envisages that the Chairman is authorized to sanction honorarium or other allowances to officers and other employees of the Board subject to the provisions in the Budget. The Education Department, Government of Bihar, Patna through its letter dated 2.12.1988 has provided/allowed the special remuneration to be paid twice in a year equivalent to one month's salary to the servants of the Board. The petitioner vide Annexure-3, dated 25.8.1997, before taking special remuneration informed the Secretary of the Secondary, Primary and Adult Education Department, Government of Bihar regarding receiving of the special remuneration. No information/guidelines was received from the authorities of the State Government in this regard and the petitioner was allowed honorarium/special remuneration, as allowed to other servants of the Board. The petitioner retired on attaining the age of superannuation on 30.6.2007 from the State of Jharkhand. Vide Annexure-4, dated 7.12.2007, the petitioner received a forwarding letter and vide Annexure-5 dated 29.10.2007, the petitioner was directed to refund the amount of honorarium/special remuneration received by him within 15 days.