- (1.) HEARD the parties.
(2.) THE petitioner a Sub -Inspector of Police superannuated on 31.12.1999 while he was posted at Bokaro. It is stated that till the date of superannuation he was getting the monthly salary in the basic pay scale of Rs. 7,600/ - and he was getting a total sum of Rs. 11,182 -00/ - per month. It is further stated that vide Memo No. 1760, dated 21.10.2000 (Annexure -4), the petitioner 's provisional pension, provisional gratuity and other retiral benefits were revised to a sum of Rs. 3318/ - with effect from 1.1.2000. The said fixation of pension was made considering the basic pay of the petitioner at Rs. 7425/ -. The petitioner filed a writ petition before this Court bearing CWJC No. 2692 of 2000 (R) which was disposed of on 13.2.2001 as contained in Annexure -5, remitting the matter back to the respondents directing the petitioner to move before the Superintendent of Police, Bokaro, regarding his grievance relating to fixation of pension and payment of other benefits. The Superintendent of Police, Bokaro, was directed to pass a reasoned order and ensure the payment of pension, gratuity, leave encashment, provident fund and group insurance in the revised scale of pay taking into consideration the last pay drawn by the petitioner.
(3.) IT is stated that by issuance of Memo No. 515, dated 26.3.2001, as contained in Annexure -6, it was said that since the petitioner had not passed the Hindi Noting and Drafting Examination and, therefore, a sum of Rs. 71,859/ - was deducted from his gratuity amount as the said amount was paid in excess on account of providing one more increment. Thereafter, by issue of an order contained in Memo No. 40, dated 12.1.2002 (Annexure -7), the District Order No. 3209/2000 was rectified, mentioning therein that on re -calculation it was found that a sum of Rs. 71,859/ - was wrongly calculated and deducted, in fact a sum of Rs. 34821/ - only should have been deducted, which was found to be paid to the petitioner in excess.;