- (1.) The petitioner has approached this Court seeking quashing of order dated 04.06.2004 whereby it has been ordered that a sum of Rs. 1,03,194.37/- would be deducted from his gratuity amount. The brief facts of the case are that, the petitioner was initially appointed on the post of Clerk (SDC) on 25.01.1962 and he was granted senior grade on the post of Correspondence Clerk on 27.05.1975. He was granted selection grade and super-selection grade on the post of Head-Clerk on 01.08.1988 and 03.04.1994 respectively. The petitioner superannuated from service on 30.04.2003. It appears that even after retirement, when the pensionary benefits of the petitioner were not granted to him, he moved the High Court in W.P.(S) No. 5444 of 2003 which was disposed of by order dated 13.11.2003 with a direction to the Board to release the entire dues legally payable to the petitioner. In pursuance of the order passed by the High Court, retrial dues of the petitioner was calculated and impugned order dated 04.06.2004 has been passed by the respondent. Being aggrieved, the petitioner has approached this Court by filing the present writ petition.
(2.) A counter-affidavit has been filed on behalf of the respondent-Jharkhand State Electricity Board in which a plea has been raised that in the year 1964, the petitioner has drawn payment on two occasions that is, on 01.04.1964 and 24.04.1964. It has further been stated that the petitioner availed wrong pay fixation benefit with effect from 17.06.2000 to 30.04.2003 at the time of his promotion on the post of office superintendent. The entire pensionary benefit was calculated by the authorities which has been verified by several persons and since excess amount has been paid to the petitioner, it was deducted from the gratuity amount of the petitioner.
(3.) Heard learned counsel appearing for the parties and perused the documents on record.;