GOPI RAJ SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction commanding upon the respondents to revise and refix the pay and pension of the petitioner and pay the consequential benefits of salary and other post retiral benefits of the petitioner in the correct scale of pay i.e. Rs. 5500 -9000/ -.

(2.) ACCORDING to the petitioner, he is entitled to the correct scale of pay of Rs. 5500 -9000/ - in place of Rs. 45007000/ - on the basis of which pension and other post retiral benefits were paid. He further submits that he is entitled to the correct scale of pay of Rs. 5500 -9000/ - with effect from 1.1.1996. The second prayer is to quash the part of the order contained in memo no. 652 dated 26.9.2003 by which a sum of Rs. 30,463/ - has been illegally recovered from the Earned Leave encashment amount of Rs. 91,320/ - due to him on a misconceived assumption that the petitioner was paid excess salary in the scale of pay of Rs. 5000 -8000/ -.

(3.) THE counsel for the respondents during argument, submitted that the petitioner has misled the authority in getting the revised pay scale and he has erroneously been paid on the higher side which was recovered from him.