NILU SINHA Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for quashing the letter dated 7.11.06 contained in Annexure-4 and for fixing the family pension and payment of the same on the basis of the salary drawn by her late husband and also to pay the amount of gratuity payable to her late husband.

(2.) The petitioner's late husband Dr. Anil Kumar Sinha was the Head Master of Middle School, Saraidhela Coalwashery Anchal, Dhanbad. During service period, he was given promotion to the pay scale of Rs. 2000-3500 w.e.f 1.1.1993. Accordingly, his pay was fixed and the same was paid to him. The petitioner's husband died on 19.6.05. After his death, the District Superintendent of Education, Dhanbad has issued the impugned letter whereby the alleged excess amount paid to the petitioner's late husband on account of his promotion in the pay scale of Rs. 2000-3500 has been sought to be recovered saying that higher scale was not admissible in view of the fact that the petitioner's late husband had not passed the Departmental Hindi Noting and Drafting Examination, which was required for promotion and giving higher scale.

(3.) Learned J.C to G.P-III appearing on behalf of the respondents submitted that for promotion to the higher post and giving higher scale from Rs. 2000- 3500, the employee was required to pass departmental Hindi Noting and Drafting Examination. But the petitioner's late husband got the higher scale of pay without complying with the said provision and as such the excess amount paid to the petitioner's late husband during his service period is recoverable. By the impugned order the excess amount paid to him has been sought to be recovered after calculating the same on the basis of the pay scale of Rs. 2000-3500 which was then admissible to him.