S.N. Pathak, J. - (1.) Heard the parties.
(2.) The petitioner has approached this Court with the following prayers:- (I) For quashing the order as contained in Office Order No. 22 dated 05.05.2015 by which the respondent No. 4 has directed to adjust/recover the excess amount, which has been paid to the petitioner on account of yearly/periodical increment, without passing Hindi Noting Examination. (II) For quashing the Office Order No. 27 dated 30.05.2015 by which the respondent No. 4 has directed to recover a sum of Rs. 2,87,339/- received by the petitioner on account of grant of early increment for the period from 01.04.1997 to 10.02.2010 and further a sum of Rs. 10,000/- per moth is directed to be deducted from the salary of the petitioner. (III) For direction to the respondents to make payment of the entire post retiral gratuity without making any deduction from the retiral benefits. Factual Matrix
(3.) Sans details, the facts as averred in the writ petition, in a nutshell is that the petitioner was appointed as a Skilled Khalasi in the office of Area Electricity Board, Ranchi on 11.02.1980. In course of service, the petitioner was promoted as Junior Line Man and subsequently toLine Man and lastly promoted to the post of Head Line Man on 19.06.2007. During the course of service, the petitioner was granted yearly/periodical increments since 1997 till 2015 without any representation /request made on his behalf. But surprisingly, the respondent No. 4 vide memo No. 22 dated 05.05.2015 issued a direction for recovery and accordingly adjustment of the alleged excess amount already given to the petitioner on account of yearly/ periodical increments on the ground that he had not passed Hindi Noting Examination. Being aggrieved, the petitioner represented before the respondents authorities, which was duly received in the office of respondents on 20.05.2015 along with a judgment passed by this Hon'ble Court in W.P.(S) No. 1382/2016 wherein similar issue has already been set at rest. Subsequently, the respondents vide Memo No. 27 dated 30.05.2015 has directed for recovery of Rs. 2,87,339/- received by the petitioner on account of grant of early increment for the period from 01.04.1997 to 10.02.2010 and as such a sum of Rs. 10,000/- per month is directed to be deducted from the salary of the petitioner and that too without any opportunity of being heard and without giving any notice to the petitioner. The petitioner has already retired from services on 30.06.2015. Being aggrieved, the petitioner knock the door of this Court, challenging the impugned orders.;