Jharkhand High Court
Suraj Rai vs State Of Jharkhand And Ors. on 16 April, 2002
Author: S.J. Mukhopadhaya
Bench: S.J. Mukhopadhaya
ORDER S.J. Mukhopadhaya, J.
1. The writ petition has been preferred by the petitioner against the order dated 8.9,2000, whereby the Executive Engineer ordered to deduct a sum of Rs. 9505/- from the Leave Encashment amount of the petitioner on the ground that the aforesaid amount was paid in excess. The petitioner has further prayed for full payment of the Leave Encashment amount on the basis of the last pay drawn by him i.e. Rs. 4510/- instead of Rs. 4205/- as made by the respondents.
2. The petitioner has also challenged the letter dated 22.9.2001 whereby the respondents decided to recover a penal rent from the petitioner, on account of retention of two Government quarters.
3. The case of the petitioner is that he retired from the services of State on 31.1.1998 as an assistant. At the time of promotion the pay was properly fixed by the respondents and there was no misrepresentation on his part.
4. Further case of the petitioner is that he never retained two quarters during service period nor after retirement he was allotted two quarters.
5. The respondents have opposed the prayer of the petitioner taking a plea that the promotion given to the petitioner was later on changed/converted in Time Bound Promotion and the financial benefit thereof was allowed with effect from 7.3.1987. In addition to this, the petitioner had availed of some additional benefits in pay fixation w.e.f. 1971. Thus, the petitioner has been paid a sum of Rs. 9505/- in excess which has been recovered from the petitioner's leave salary.
6. From the stand taken by the respondents it is evident that they have raised the question of legality and propriety of pay fixation as was made in the year 1971 and 1987. Admittedly, the petitioner is a retired employee. He having retired from services and there being no misrepresentation in his part, after long delay it would be inappropriate for respondents to recover any amount on the ground of wrong fixation as was made about 20 years past. In fact the case of the petitioner is covered by a Patna High Court's decision rendered in the case of Koshi Project Worker Association v. State of Bihar, 1997 (2) PLJR 355.
7. For the reason aforesaid the order dated 8th September, 2000 relating to recovery from retiral benefit is set aside. The respondents are directed to pay the petitioner the full leave encashment and other retiral benefits in accordance with law.
8. So far as the penal rent is concerned the letter dated 22nd September, 2001 having issued without any notice for hearing the petitioner is also set aside. The respondents are given liberty to bring to the notice of the petitioner as to which of the two Government quarters were in illegal occupation of the petitioner, On such notice, the petitioner may reply. Thereafter on hearing the petitioner, the respondent may pass an appropriate order in accordance with law. If any amount is found recoverable the respondents may recover it from the petitioner.
9. So far as the arrears salary is concerned the petitioner may move the competent authority who will decide the issue preferably within 3 months.
10. With the aforesaid observations/ directions, this writ petition stands disposed of.