ANANT PRASAD YADAV Vs. STATE OF JHARKHAND : DY.SECRETARY, DEPARTMENT OF WATER RESOURCES
LAWS(JHAR)-2009-12-65
HIGH COURT OF JHARKHAND
Decided on December 16,2009

Anant Prasad Yadav Appellant
VERSUS
State Of Jharkhand : Dy.Secretary, Department Of Water Resources, Jharkhand : Chief Engineer, Department Of Water Resources, Deoghar : Superintending Engineer, Respondents

JUDGEMENT

- (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application has prayed for quashing the order dated 20.07.2007 (Annexure -11) passed by the Chief Engineer namely the Respondent No. 3 whereby and whereunder recovery of a substantial amount has been ordered to be made from the petitioner's salary amount on the ground that such amount was received by the petitioner in excess of what he deserved by way of his promotions. Facts of the petitioner's case in brief are as follows : The petitioner was appointed initially as a Correspondence Clerk on 07.07.1967 and later, was granted promotion as a Senior Division Clerk. Subsequently, upon his other promotion, he was posted as Head Clerk in the office of Superintending Engineer, Deoghar from 31.12.1974 in the scale of Rs. 340 - 10 - 400 - 490/ -. His services on the post of Head Clerk was confirmed with effect from 01.04.1984 since he had passed his departmental examination from that date.
(3.) IN the joint seniority list of Bihar and Jharkhand which was published on 25.01.1993, the petitioner's position was at Sl. No. 11. Upon the 4th pay revision, his salary was revised in the scale of Rs. 850/ - 1360/ -. The petitioner's contention is that similar promotions were granted to his other colleagues including one Shanbhu Lal Gupta on the post of Head Assistant.;


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