- (1.) HEARD learned counsel for the parties. With consent of the learned counsel for the parties, this writ petition is taken up for final hearing at this stage. Learned counsel appearing for the respondents waives notice on behalf of respondents.
(2.) THE petitioner, by way of filing this writ petition under Article 226 of the Constitution of India, has prayed for quashing of letter No. Pen -4 -Sa -385 dated 17.6.1998 (Annexure -3), whereby, respondent No. 4 has been directed for deduction of salary of petitioner which has been given to petitioner 17 years ago from the date of retirement of the petitioner. It has further been prayed for quashing the order issued by respondent No. 6, whereby, the provisional pension of the petitioner has been stopped since May, 2002 (Annexure -2). It is the case of the petitioner that he was appointed as Basic Health Inspector and thereafter, he was posted as Malaria Inspector since 8.8.1961 and performed his duties without any complaint whatsoever and retired on 31.1.1998 as Basic Health Inspector from Karon Block. It is submitted that the petitioner was superannuated on 31.1.1998 but till May 2002, the petitioner was getting only provisional pension. Thereafter, the petitioner filed a writ petition being CWJC No. 1015/2001 for getting the retiral benefits and by order dated 16.3.2001, this Court directed the respondent authorities to pay the final pension as well as admitted leave encashment legally payable to the petitioner as early as possible preferably within a period of six weeks from the date of receipt/production of a copy of this order. Thereafter, instead of giving retiral benefits by implementing this Court's order, respondent No. 6 issued another letter being Letter No. 253 dated 16.7.2002, whereby, the first time bound promotion and second time bound promotion given to the petitioner 17 years ago from the date of retirement of the petitioner was reviewed and excess payment was ordered to be deducted from his pension and even provisional pension was stopped since May, 2002. It is further submitted that this letter was issued on the basis of letter No. Pen -4 -Sa -385 dated 17.6.1998, whereby, it has been stated that the petitioner has been given wrong promotion as such excess payment is to be adjusted from his retiral benefits. It is also submitted that though there was a direction issued by this Court dated 16.3.2001, the respondent authorities did not pay any attention and did not process the matter for finalization of pension and as well as retiral dues payable to the petitioner in time.
(3.) A counter -affidavit has been filed on behalf of respondent No. 6 and in para -6, it is stated that after receipt of objection raised by A.G. Office dated 17.6.98, the service book of the petitioner was sent to the District Account Officer, Deoghar for verification of fixation of the salary of the petitioner in proper scale. It is also stated that admittedly the petitioner was promoted as Basic Health Inspector on 17.7.98 and therefore in terms of the time bound promotion scheme, he was entitled for first time bound promotion w.e.f. 17.7.88 but he was wrongly given first time bound promotion w.e.f. 1.4.81 and second time bound promotion w.e.f. 1.4.86. It is also stated that a copy of letter dated 17.6.98 was also sent to the petitioner by respondent No. 4 but the petitioner never filed any representation before respondent Nos. 4 and 6. It is further submitted that in absence of any objection from the petitioner, as the petitioner was wrongly given first time bound promotion and 2nd time bound promotion w.e.f. 1.4.81 and 1.4.86, respectively, while he was entitled for the 1st time bound promotion only w.e.f. 17.7.98, it was decided to recover the excess amount. It is further submitted that the fixation of salary done by respondent No. 6 was duly verified by the District Accounts Officer, Deoghar on 10.9.2003 and as per the calculation, the excess amount paid to the petitioner on account of wrong time bound promotions given to him w.e.f. 1.4.81 and 1.4.86 comes to Rs. 95,588.00 and therefore, a letter was sent to the petitioner asking him to deposit the excess amount of Rs. 95,588.00, failing which, respondent No. 4 was asked to deduct the same from the retiral benefits of the petitioner. It is further submitted that respondent No. 6 has also written a letter to the Accountant General, Jharkhand annexing the service book and pension paper of the petitioner for fixation of final pension and gratuity vide its letter dated 13.9.2003. It is also submitted that since the petitioner was wrongly given time bound promotions w.e.f. 1.4.81 and 1.4.86, the respondents are entitled to recover the excess amount paid to him from retiral dues of the petitioner.;