- (1.) Heard learned counsel for the parties.
(2.) The petitioner is said to have retired on 31.12.1999 from the post of Research Assistant under Quality Control Sub-Division, Koderma under the Road Construction Department, Government of Jharkhand after attaining 58 years of age. After his retirement, the Chief Engineer, Central Design Organization, Road Construction Department, Patna vide office order dated 28.05.2002 cancelled the grant of 1st Time Bound Promotion earlier giving to him vide office order No. 864 dated 14.08.1991 and directed for recovery of the amount paid in excess. The petitioner thereafter had preferred writ petition being W.P. (S) No. 3368 of 2002 before this Court and also seeking to challenge the said order dated 28.05.2002 through an interlocutory application. The learned Single Judge vide order dated 03.07.2008 made prima facie observation that order dated 28.05.2002 is illegal and in violation of Rule 43(b) of the Bihar Pension Rules. However, upon consideration of reply of the respondent to the said interlocutory application, the learned Court gave liberty to the petitioner to move a representation without getting into the merits of the matter and directed the respondents to dispose of the said representation within stipulated period.
(3.) As per submissions of learned Senior counsel for the petitioner, no order was passed thereafter by the respondents. In the meantime, other person Ayodhya Prasad Singh, whose 1st Time Bound Promotion was also cancelled under the same impugned order dated 28.05.2002, Annexure-7, preferred a writ petition being W.P. (S) No. 3145 of 2003. The said writ petition was allowed and order dated 28.05.2002 was quashed by the learned Bench of this Court vide judgment dated 12.10.2009. The said person had also been granted the benefit of 1st Time Bound Promotion vide order dated 08.12.1993 and he had subsequently retired on 31.01.2001 as Research Assistant serving in Road Construction Department, Koderma. Learned Single Judge relied upon the judgment rendered by the Full Bench of this court in the case of Smt. Normi Topno v. State of Jharkhand and Ors., 2008 1 JCR 381, as per which after retirement from service, no recovery of the alleged excess amount paid consequent upon promotion can be made from retirement benefit of such an employee. Rule 43(b) of the Bihar Pension Rules was also noticed. In the instant case also, it has been argued that the impugned order has been issued without following the procedure of Rule 43(b) of the Bihar Pension Rules. Learned Senior counsel for the petitioner submits that after filing of the writ petition, pensionary dues has been paid on 29.04.2011. However, it is submitted that the respondents have chosen to justify the cancellation of 1st Time Bound Promotion of the petitioner by the impugned order.;