- (1.) Heard learned counsel for the petitioner and the State.
(2.) Petitioner has retired on 31.1.1999 from the post of Junior Statistical Assistant under the Office of Chief Inspector of Factories. By the letter at Annexure-6 bearing no. 939 dated 7.9.2009, the Office of Accountant General (A&E), Jharkhand has been communicated by the respondent no.2, the Chief Inspector of Factories, Ranchi about the decision relating to sanction of his pensionary benefits. However, petitioner is aggrieved by part of it where under an amount of Rs. 92,210 has been ordered to be deducted from his pensionary dues.
(3.) Petitioner's case is that he was appointed on 22.12.1961 on the post of Lower Division Assistant in the office of respondent no.2, Chief Inspector of Factories, Ranchi. In the year 1968 he was posted as Statistical Clerk / Computer Clerk in the same department. Petitioner got first time bound promotion w.e.f. 1.4.1981 on completion of 10 years of service by virtue of Annexure-1, order dated 29.7.1988 and also got the benefit of second time bound promotion in the prescribed scale of pay along with few other persons w.e.f. 1.4.1987 by the Office Order No.322 of the same date i.e. 29.7.1988. There were no charges against him during his service career. The impugned order deducting his pensionary dues has been passed without any notice or show cause either. He has relied upon a judgment rendered by the Apex Court in the case of State of Punjab & others Vrs. Rafiq Masih (White Washer) & others, 2015 4 SCC 334 passed in Civil Appeal No. 11527 of 2014 dated 18.12.2014 reported in order to submit that such recovery from a retired employee, that too after 10 years of his retirement, on account of payment made due to grant of time bound promotion in the year 1987 by a conscious decision of the competent authority, cannot be effected.;