M.KARPAGA VINAYAGAM,C.J. - (1.) SMT . Normi Topno, on being aggrieved by the order of the learned Single Judge, upholding the action of recovery of the excess payment from her pension and gratuity, has filed this letters patent appeal.
(2.) THE appellant got retired from service on 30.09.1999 as A.N.M from Primary Health Centre, Boarijor, Godda. Thereupon her pension papers were sent to the Accountant General. On scrutiny, the Accountant General found that she was wrongly granted Time Bound Promotion. Therefore, the Accountant General returned the papers for clarification. The Department scrutinized the papers and found that the appellant was wrongly given Time Bound Promotion. Therefore, pension papers were forwarded to the Accountant General for recovery of Rs. 50,456/ -, the excess amount paid to her from her pension/Gratuity. Challenging the said action of the authorities, Smt. Normi Topno filed a writ petition in W.P.(S) No. 2668 of 2003 before the learned Single Judge. The same was dismissed on 25.01.2006 holding that the action of recovery is justified in view of the Division Ranch Judgment in State of Jharkhand and Ors. v. (Smt.) Girish Kumari Prasad and Ors. and Ram Chandra Singh and Ors. v. State of Jharkhand and Ors. 2005 (2) JLJR 705. Challenging the same, the appellant has filed this present appeal.
(3.) WHEN the matter came up before the Division Bench, the Division Bench felt that the core question, which has to be answered in this case, has to be dealt with by the Larger Bench since the said question has not been discussed and decided in Division Bench judgments in (Smt.) Girish Kumari Prasad's Case and Ram Chandra Singh's case 2005 (2) JLJR 705, relied upon by the learned Single Judge, and therefore, referred the matter for hearing by Larger Bench of three Judges with the following question framed by the learned Division Bench. Whether, without cancelling the order of promotion by any competent authority and merely on the recommendation of audit objection, the order of promotion can be treated to be illegal and thereby pension and other retrial benefits can be reduced?;