SHABBIR ALAM, SON OF LATE RAMJANI, RESIDENT OF VILLAGE KORAUNI, P.O.-ASTHUA, P.S.- SINGHWARA, DISTRICT-DARBHANGA Vs. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN & ORS.

JUDGEMENT

(1.) PETITIONER has filed this writ application with a prayer for quashing the office order No. 264 dated 10.6.2002 issued vide memo No. 2312 of even date under the signature of General Manager -cum -Chief Engineer, PESU (Annexure -7 to the writ application), whereby while sanctioning a sum of Rs. 1,23,955/ - as provisional gratuity of the petitioner, a sum of Rs. 31,818.60 has been deducted from the sanctioned amount on account of alleged excess payment drawn by him. The petitioner has also prayed for quashing of final gratuity payment order No. 347 dated 24.2.2003 issued vide memo No. 784 dated 25.2.2003 under the signature of Deputy Director of Accounts, PESU (Annexure -8 to the writ application) whereby while sanctioning final gratuity amount to the petitioner to the tune of Rs. 2,21,850/ -, a sum of Rs. 1,23,955/ - sanctioned to him as provisional gratuity has been adjusted from the same. Petitioner has also prayed for a direction that the said amount so illegally recovered while sanctioning his provisional gratuity on account of alleged excess payment be paid to him with suitable interest. The facts of the case are in narrow compass. Petitioner was appointed as skilled Khalasi (Coolie) with Sijua (Jherriah) Electric Supply Company Limited in the year 1962, vide Annexure -1 to the writ application. The said Electric Supply Company Limited was taken over by the Bihar State Electricity Board in 1975. With the takeover of the Company, services of the petitioner was also taken over by the Board and petitioner became a full -fledged employee of the Board. Thereafter, petitioner's services were absorbed in the Grade of Fitter Grade -I with effect from 1.8.1988. Later on, he was promoted to the Grade of Cable Jointer by order dated 26.12.1991, vide Annexure -2, and placed in the scale of Rs. 1,500 -2,660/ -. Petitioner continued as such in the service of the Board till his superannuation with effect from 30.4.2001. Petitioner has annexed his pay fixation as Annexures -3 and 4 to show that pursuant to Annexure -2 his pay was time to time revised and fixed by the authorities of the Board till the date of his superannuation. After his superannuation he obtained no dues certificate vide Annexure -5 and applied for gratuity vide Annexure -6. However, when the petitioner received the order of fixation of his provisional gratuity vide Annexure -7, which was purported to have been issued under the provisions of Gratuity Act, 1972, he found that a sum of Rs. 31,818.60/ - had been deducted from the provisional gratuity sanctioned to him. Petitioner has stated that he seriously objected to the same claiming that at no point of time was there any withdrawal from the gratuity by him nor any communication handed over to him with regard to such excess withdrawal nor was he instrumental in payment of such excess amount to him. Petitioner has further stated that he complained about the same to all the authorities and expected that the mistake would be rectified at the time of sanction of final gratuity to him. However, when the order of final gratuity was issued, vide Annexure -8, he found that the said amount still remained deducted from his gratuity. Petitioner has also disputed with regard to calculation of his final gratuity claiming that the amount of final gratuity, as mentioned in Annexure -8, is less by Rs. 10,620/ -. Petitioner found that the said amount of Rs. 31,818.60 was wrongly deducted from his gratuity without any allegation of excess payment to him on account of fraud or misrepresentation on his part. However, his request for reconsideration of the matter was completely ignored by the authorities of the Board. Hence, finding no way out, petitioner has preferred this writ application with the aforesaid prayers.

(2.) RESPONDENTS have appeared in the case and have filed a detailed counter affidavit. It is admitted that petitioner came into service of the Board on 18.7.1975. It is also admitted that the petitioner was appointed on the post of Fitter Grade -I with effect from 1.8.1988 and thereafter was appointed on the post of Cable Jointer with effect from 26.12.1991. However, it is asserted in the counter affidavit that during the course of checking of the pay fixation of petitioner before his superannuation, it was discovered that at the time of appointment of the petitioner as Cable Jointer treating the post wrongly as promotional post from the Grade of Fitter Grade -I, 12% of promotional benefits was given to him. Therefore, the same was rectified at the time of fixation of his retiral benefits and excess paid to him on the post of Cable Jointer was recovered from his gratuity. The respondent -Board has annexed certain orders and letters with calculation to show that this matter was detected before the superannuation of the petitioner and approval was sought for from the competent authorities of the Board, and after approval of the order, the said amount was calculated and deducted from the sanctioned provisional gratuity of the petitioner.

(3.) THUS this matter was listed before a Bench of learned Single Judge of this Court and was finally heard by this Bench.