- (1.) Heard the learned Counsel for the petitioner and JC to GP III appearing on behalf of the respondents and with the consent of the learned Counsel for the parties, this application is taken up for disposal at the stage of admission itself.
(2.) The petitioner has challenged the order dated 15.2.2008 (annexure 4) passed by the respondent No. 3 as also the order dated 27.5.2005 (annexure 1) whereby the respondents have recovered a sum of Rs. 90,000/- (rupees ninety thousand) from the retired benefits of the petitioner and have also directed him to pay Rs. 13,325/- by way of challan. Besides praying for quashing the aforesaid two orders, the petitioner has also prayed for issuance of a direction to the respondents to refund the amount forthwith and also to pay him consequential benefits including pension on the scale of pay last drawn by him at the time of his retirement.
(3.) Facts of the case of the petitioner, in brief, are that he joined on the post of Assistant in the office of the Deputy Commissioner, Ranchi, on 18.5.1966. After having served for 38 years, he superannuated from service on 31.5.2004 on the post of Head Assistant on the scale of Rs. 5500-900/- after being granted promotion under the second ACP. Post retirement, he demanded his retiral benefits , bit by the impugned letter dated 27.5.2007, he was informed that a sum of Rs. 90,900/- (rupees ninety thousand ) was recovered from his retiral benefits and he was also directed to pay a sum of Rs. 13,325/- by way of challan, on the ground that the aforesaid amount was excess payment received by him. He filed a representation on 4.1.2008 before the concerned authority of the respondents taking support of the judgment passed by the Full Bench of this Court in LPA No. 146 of 2006, demanding payment of his entire retiral benefits. In response to his representation dated 4.1.2008, he was informed through the impugned letter of the respondent dated 15.2.2008 (annexure 4) that the amount being excess payment received by him, was recovered from his retiral benefits.;