BIBHUTI PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing Office Order no. 92 dated 29.10.2010 issued under the signature of Executive Engineer, Drinking Water and Sanitation Division, Deoghar (Annexure-8), wherein the petitioner has been said to be demoted automatically from the post of Senior Accounts Clerk to the post of Accounts Clerk after about ten months from the date of his retirement and consequent there upon to quash the office order No. 5 dated 20.01.2011 (Annexure-9) by which an amount of Rs. 2,00,935 has been arbitrily ordered to be recovered from the retiral benefits.

(2.) Further prayer has been made to pay the entire amount as recovered from the amount of post retiral benefit and fix the pension and to pay the grauity and leave encashment on the basis of his last pay.

(3.) The short facts of the case lies in a narrow compass. The petitioner was appointed against the post of Chaukidar on 14.08.1974 and after about six years, he was appointed to the post of Junior Accounts Clerk on 19.02.1980. Thereafter, on completion of 10 years of services as a Junior Accounts Clerk, the petitioner was given time bond promotion in the pay scale of Rs. 1400-2600/-. The petitioner was given regular promotion to the post of Senior Accounts Clerk with a condition to clear the departmental examination within two years and simultaneously, it was also ordered that no any financial benefit would be admissible as the petitioner was already getting his pay in the same pay scale, which was accorded after grant of time bond promotion.