DAYA PATRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court with a prayer for quashing the impugned letter No. 1867 dated 23.10.2015 (Annexure 8) issued by the District Superintendent of Education, Saraikela Kharsawan by which an amount of Rs. 2,59,224/- has been ordered to be recovered.

(3.) Sans details, the facts as averred in the writ petition, in a nutshell is that the petitioner was appointed as Assistant Teacher vide memo No. 895 dated 21.02.1983 issued by the District Superintendent of Education, Singhbhum, Chaibasa and was posted in Middle School, Kulu Patanga Adityapur, (Singhbhum) presently, District Saraikella Kharsawan in B.Sc. Untrained scale. After acquiring of the teacher training, the petitioner was granted B.Sc. Trained pay scale of Rs. 1640-2900/- as per rules, with effect from 24.06.1992. On account of 12 years of satisfactory service in the B.Sc. Trained pay scale was granted first time bound promotion with effect from 16.03.2004 vide Memo No. 1596 dated 25.08.2006. Subsequently, vide impugned letter No. 1867 dated 23.10.2015, issued by District Superintendent of Education, Saraikella Kharsawan an amount of Rs. 2,59,224/- was shown to be recoverable against the name of the petitioner on the basis of audit objection. From perusal of the impugned order, it is clear that it is based upon the Audit Report for the year 1991-92 to 2011-12 of Deputy Secretary-cum-Accounts Controller Finance (Audit) Department, Jharkhand. However, no apparent reason has been given for such recovery. Thereafter, the petitioner represented before the respondents authorities, which was duly received in the office of respondents on 05.07.2016 but the respondents are sitting tight over the matter. It is the further case of the petitioner that similar issue fell for consideration before this Court in W.P.(S) No. 1631 of 2016 and other analogous cases in which this Hon'ble Court vide judgment dated 13.12.2016 was pleased to quash the impugned order. The petitioner has already retired from services on 31.01.2017.