- (1.) HEARD the learned counsel for the parties.
(2.) IN this writ application the petitioner has prayed for quashing the order dated 16.1.2001 as contained in Annexure to the writ application passed by the District Establishment, Deputy Collector, Ranchi whereby an order has been issued for recovery of the amount paid in excess from the pension of the petitioner. The petitioner earlier moved before this Court by filing C.W.J.C. no. 1547 of 1998 (R) challenging the order dated 12.5.1998 passed by the Deputy Commissioner whereby the promotion to Super Selection Grade granted to the petitioner was held to be bad. While dismissing the said writ application this Court by order dated 31.3.1999 held that Deputy Commissioner, Ranchi has committed wrong in granting Super Selection Grade to the petitioner and that mistake committed by him was rectified by the Commissioner. It was further held that the said order of granting Super Selection Grade was passed under Rule 43 of the Bihar Pension Rules.
(3.) AGAINST the order of the learned Single Judge passed in the said writ application the petitioner filed L.P.A. No. 126 of 1991 which was dismissed by order dated 14.11.2000. Thereafter by issuance of Annexure -6 dated 16.1.2001, an order has been issued by which it was directed that difference of the amount, so paid to the petitioner, pursuant to the grant of Super Selection Grade, should be recovered from the pension of the petitioner. The petitioner has challenged the said order dated 16.1.2001 (Annexure -6) in this Application. The grievance of the petitioner is that since the promotion to the Super Selection Grade was granted to the petitioner may be due to mistake on the part of the Deputy Commissioner but the petitioner was not at fault and he never misrepresented in obtaining the order of promotion, therefore, the excess amount of granting Super Selection Grade pursuant to the order of the Deputy Commissioner cannot be recovered from the pension of the petitioner.;