- (1.) HEARD the learned counsel for the parties.
(2.) THE petitioner, in this writ application, has prayed for a direction upon the Respondents to refund the amount of Rs.31,832/ -to the petitioner along with interest, being the amount which has been deducted from the petitioner's salary on the ground that it has been made by way of tax deduction at source from the salary of the petitioner. Learned counsel for the petitioner explains that the petitioner was initially employed as Village Level Worker (Jansewak) in the office of the Block Development Officer at Dhanbad. Subsequently, he was transferred to Chandan Kiyari Block in October, 1993. Though, he had joined his post at the transferred place, but since October, 1993 to December, 1996, his salary was not paid to him on the ground that his last pay Certificate was not forwarded by the then Block Development Officer, Baghmara, Dhanbad. Thus, the arrears of the salary for the period of three years was not paid to the petitioner in spite of repeated demands and ultimately, the petitioner had to file a writ application before this Court vide W.P. (S) No. 1428 of 2002. It was only pursuant to the directions issued by this Court in the aforesaid writ application that the Respondents paid the arrears of salary in March, 2003, although, prior to the date of payment, the petitioner had retired from service in the year 2001.
(3.) THE grievance of the petitioner is that though the arrears of salary has been paid to him but the Respondents have illegally deducted a sum of Rs.31,832/ on the plea of Income Tax deductions, which they could not legally have done.;