HINDYA DHAN Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN the instant writ petition the petitioner prays for issuance of an appropriate writ, order or direction from this Hon'ble Court for quashing the office order No. 383, dated 3.11.2003 issued under the signature of General Manager -cum -Chief Engineer, Electrical Supply Area, Jharkhand State Electricity Board, Ranchi whereby and whereunder after retirement of the petitioner the promotion order of the petitioner has been cancelled with retrospective effect and the petitioner has been given to sanction retirement benefit and further order has been passed for recovery of the salary received as head Clerk up to date of retirement.

(2.) THE facts, in brief, are set out as under: The petitioner joined the services of the Board on 27.5.1996 as Corresponding Clerk and retired on 31.10.2002 as Head Clerk. Till date of retirement there was no departmental proceedings pending against the petitioner and he was receiving the salary in the pay scale of Rs. 5530 -18 -6970 -225 -11020/ - and Rs. 10,120/ - approximately was the last pay actually drawn by the petitioner at the time of retirement.

(3.) THE learned Counsel for the respondents submits that after superannuation of the petitioner while scrutinizing his retiral dues, it came to the notice that the office order No. 1922 dated 30.4.1977 issued vide memo No. 705 by which the petitioner was given promotion on the post of Head Clerk is forged and has never been issued by the Dy. Personnel Director, Regional Electricity Board, Ranchi although such entry has been made in the service book of the petitioner and thus, such entry in the service book was not proper. It has also been submitted that a letter was issued on 16.6.2003 to the petitioner to explain the same but he remained silent. It was in this background that the promotion order of the petitioner was cancelled and he was reverted back to his original post.