PANKAJ KUMAR Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) The petitioner has been slapped with an order contained in letter No. 2101 dated 12th June, 2014, issued by Chief Executive Officer, Ranchi Municipal Corporation, Annexure-4, whereby he has been asked to deposit the amount of salary for 23 months said to have been availed after working for the Corporation beyond his date of retirement i.e. on 31st January, 2012, till December, 2013. The petitioner admittedly was a Class-IV employee holding the post of Jamadar in the Corporation, in whose custody his service records did not lie rather it was in custody of his controlling officer who was also responsible for disbursement of the salary to the petitioner.

(2.) It is also not in dispute that the petitioner has worked for the period upto December, 2013 after crossing the date of his retirement on 31st January, 2012 and availed of the salary. In such circumstances, the petitioner approached this Court after responding to the impugned order at Annexure-4 through his reply dated 24th June, 2014 Annexure- 5/1.

(3.) It is the petitioner's case that no notice of his retirement was served upon him before his natural date of retirement though such a system is in place in the corporation and more so when the service records were lying in custody of his controlling officer. In such circumstances, when he has worked for the said period, the order of recovery of salary for 23 months from the admissible post retirement dues without coming to a finding of any fraud or collusion on his part is not sustainable in law as well as on facts.