BISHWANATH PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner in this writ application, has prayed tor a direction on the respondents to pay the petitioner his retiral benefits including his pension, the amounl of provident fund, difference of pay payable to him alongwith interest under various Heads and, also for quashing the letter dated 14.3.2002 (Annexure -4) issued by the office of the Accountant General (A&E)) -II, Bihar and Jharkhand, Patna, whereby a direction was issued to the District Superintendent of Education, Garhwa to deduct certain amount from the petitioner's retiral benefits on the ground that excess payment was made to him. A further prayer has been made for quashing the letter dated 7.1.2004 (Annexure -6) issued by the District Superintendent of Education, Garhwa (Respondent No. 2), whereby the petitioner has been directed to deposit the excess amount paid to him purportedly on account of wrong fixation of his salary made in the year 1986.

(3.) A counter affidavit has been filed on behalf of the respondents in which the respondents have sought to explain that the entire admissible dues which were payable to the petitioner, were duly assessed under the various Heads and have been paid to him and the amount of provident fund has also been paid together with interest accrued thereon. As regards the petitioner 'sgrievance against the impugned orders purporting to recover some excess amount from the petitioner's retiral benefits, the stand taken by the respondent State is that such direction having been issued by the office of the Accountant General, the respondent State is bound to abide by the same.