- (1.) The petitioner is the wife of Mundrika Mishra, an employee of respondents, posted as Accountant, designated as Sectional Officer (General & Accounts) working in G.L.A. College, Daltonganj, has prayed for quashing the order issued by the respondent no.2 dated 30.06.2003 withdrawing the earlier order dated 22.01.1996 by which the Head Clerk and Accounts working in different constituent colleges were designated as Sectional Officer (General and Accounts) and as further prayed for quashing the order dated 16.09.2002, communicated by the Vice -Chancellor. The petitioner has further prayed for direction to the respondents to refund the deducted amount of Rs.1,48,000/ - with interest.
(2.) The brief facts as disclosed in the writ application is that Ranchi University, Ranchi, issued order vide memo dated 22.01.1996 granted pay scale of Rs. 1540 -60 -2600 -75 -2900/ - as provided in the Vth pay revision w.e.f. 01.01.1986 and payments started from salary of January, 1993 as evident from Annexure -1 to the writ petition. The husband of the petitioner died on 02.05.2001. After death of the husband of the petitioner, the post retiral benefits were granted to the petitioner by deducting Rs. 1,48,000/ - on the ground that designated post of sectional officer vide office order dated 22.01.1996 has been withdrawn vide office order dated 30.06.2003, as per Annexure -2 to the writ application. It has further been averred in the writ application that the husband of the petitioner has worked as a sectional officer till his death i.e. on 01.05.2001 and thereafter, the petitioner submitted representation before the respondent authorities for refund/payment of the deducted amount of Rs.1,48,000/ - on 26.02.2009 and 06.07.2010, vide Annexure -3 series to the writ application.
(3.) Per -contra, a counter -affidavit has been filed on behalf of the respondents repelling the contentions made in the writ applications. In the counter -affidavit, it has been submitted that the husband of the petitioner, at the relevant point of time, was posted at GLA College, Daltongunj, a constituent unit of the Ranchi University. In a constituent college, the posts available are of Head Clerk, Head Accountant and the admissible pay scale in the 5th revised pay is of Rs.1500 -2750/ -. By a notice dated 27.02.2003, the Registrar, Ranchi University, Ranchi, called upon Sri Mudrika Mishra to explain as to why the notification dated 22.01.1996 be not withdrawn as wrongly allowed the designation of Section Officer (Accounts) as per Annexure -B to the counter -affidavit and only after notice to the affected persons the respondent Ranchi University issued the office order dated 30.06.2003. It has further been submitted that the husband of the petitioner was not entitled to receive the higher scale of pay of Rs.1500 -2750/ - admissible to him the excess amount of salary paid to him has been recovered.;