- (1.) Heard the learned counsel for the parties. The petitioner, by way of filing this writ petition under Article 226 of the Constitution of India, has prayed for quashing/ set aside the order dated 17.3.2005 passed by the Deputy Commissioner, Deoghar and communicated under the signature of Establishment Dy. Collector, Deoghar and the order dated 14.6.05, whereby the concerned authorities were pleased to pass orders for adjustment of Rs. 16,000/- from the retiral benefits against the amount of leave encashment and directing him to deposit a sum of Rs. 25.363/- in the Block Development Office, Koron within a period of 15 days.
(2.) The case of the petitioner is that the petitioner was initially appointed as Kramchari in the office of Additional Collector, Dumka after following the due procedure provided for appointment and accordingly, he joined the said post on 23.1.1997. On completion of 58 years of age, the petitioner was superannuated on 31.1.1993 as a Kramchari from the office of the Circle Officer, Madhupur at Deoghar. The petitioner has rendered almost 36 years of his unblemished service and there is no adverse remarks and no departmental proceeding is pending against the petitioner during his service career. It is further the case of the petitioner that after superannuation, the petitioner filed a writ petition being CWJC No. No. 11084 of 2000 before the Hon'ble Patna High Court on 29.9.2000 seeking direction to the concerned respondents for payment of leave salary for 240 days towards earned leave and a sum of Rs. 500.00 towards security money including the other legitimate dues. After bifurcation of State of Jharkhand, the said writ petition was transferred to the Jharkhand High Court and it was registered as CWJC No. 11084 of 2000(P). The said writ petition was disposed of observing that the petitioner to move a representation before the appropriate authority and pray for redressal of his grievance, if he is so entitled and upon receipt of such representation, the respondent authorities shall look into the matter and pass a reasoned order within stipulated time. Accordingly, the matter was processed by the respondent authorities and an amount of Rs. 28880/- was sanctioned towards his unutilized leave but a sum of Rs. 15000/- was deducted and balance amount of Rs. 13,880.00 was paid to the petitioner vide Cheque No. 787635 dated 22.7.04 which the petitioner received with protest on 25.7.04. It is further the case of the petitioner that while deducting a sum of Rs. 15000/- from unutilized leave amount of the petitioner, the petitioner was given no opportunity to show cause nor any reason has been assigned as to why a sum of Rs. 15000/- has been deducted from the due towards unutilized leave. Thereafter, vide letter, dated 17.3.2005, the petitioner was informed that out of a sum of Rs. 28,880/- sanctioned towards unutilized leave, a sum of Rs. 13,880/- has been paid to the petitioner after adjusting a sum of Rs. 15000/- towards advance of scheme No. 1/88-89 and subsequently the petitioner was asked to be present in the office of the Dy. Commissioner, Deoghar on 22.3.905 for being recorded his statement. Under the circumstances, the petitioner filed a contempt proceeding vide Cont, Case (Cvl.) No. 443 of 2005 for non- compliance of the order dated 13.4.2004 passed by this Court. Thereafter, vide order dated 14.6.05 of the Dy. Commissioner, Deoghar, the petitioner has been directed to deposit a sum of Rs. 25,363.00 in the office of the Block Development Officer, Koron, Thereafter, the petitioner gave legal notice and finally, he approached this Court for redressal of his grievance. Learned counsel for the petitioner has referred to and relied upon the Full Bench judgment delivered in the Case of State of Jharkhand & Ors. Vs. Padmalochan Kalindi,2008 1 JCR 5.
(3.) As against this, the learned counsel for the respondent State by referring paras 7 and 8 of the counter affidavit, filed by respondent Nos. 1 and 2 tried to justify the action taken by the respondent State. It is submitted that the adjustment of amount of leave encashment has been done on the basis of notification of Finance Department issued vide memo No. 8075 dated 17.8.78 wherein it is provided that amount of government can be adjusted from government servant's admissible amount in one installment and accordingly the amount has been adjusted from payment of unutilized leave encahsment amount. It is also submitted that the petitioner was entitled to get Rs. 28,880.00 which was sanctioned towards unutilized leave. The petitioner was paid a sum of Rs. 13,880/- on 22.7.04, and a sum of Rs 15000/- was withhold by the respondents concerned. This was due to the reason that the petitioner was given different works to be completed for which an advance of Rs. 1,03,735.00 was paid as advance, out of which, he has completed the work to the extent of Rs. 63,372.00, thus the balance amount of Rs. 40,363.00 remain as recoverable amount from his unutilized leave encahsment. A sum of Rs. 15000.00 was adjusted and at present, a sum of Rs. 25,383.00 was ordered to be recovered from the petitioner vide Annexure- 2 to the writ petition. It is lastly submitted on behalf of the respondent that the order passed by the respondent authorities is legal and valid and the petitioner is required to make payment of outstanding amount.;