- (1.) THIS appeal has been preferred against the order dated 19.3.2009 passed by the learned Single Judge in W.P.(S) No. 5718/2007 by which the writ petition was allowed and the respondent/appellant herein, Jharkhand State Electricity Board was directed to quantify the amount of pension, gratuity, leave encashment, super selection grade w.e.f. 14.9.2005 and the same had to be decided in accordance with law within a period of two months from the date of representation. The learned Single Judge further observed that if any excess payment was made due to wrong calculation made by the authorities themselves, they cannot be permitted to take the benefit of their own fault.
(2.) THIS is also the ratio of the Full Bench decision delivered by this Court, reported in 2007(4) J.L.J. R. 467 (Smt. Normi Topno vs. State of Jharkhand) where the Full Bench was pleased to hold that any recovery cannot be allowed to be made from the pensionary benefit of the employee on the plea that excess payment had been made to him on account of wrong fixation of pay. This appeal has been filed on the averment that a proceeding had been initiated against the respondents under Section 43(b) of the Jharkhand Pension Rules, 2008 and this proceeding had been decided against the respondent -employee and therefore, the appellant -Jharkhand State Electricity Board is entitled to deduct 10 per cent of the pensionary benefit of the respondent - employee on account, of a wrong fixation of pay of the respondent -employee.
(3.) THIS contention obviously has to be brushed aside since it is contrary to the view taken by the Full Bench. If the Full Bench was pleased to hold that the deduction cannot be allowed to be made from the pensionary benefit on account of wrong fixation of pay, it is clear that a proceeding for this reason which had been initiated against the respondent under Section 43(b) of the Pension Rules, 2008, obviously was a proceeding non est as it was contrary to the view taken by the Full Bench and therefore, the appellant -Board cannot be permitted to deduct 10 per cent from the pensionary benefit of the respondent -employee.;