IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4054 of 2011
Suresh Prasad Singh ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. Ajit Kumar & Prabhat Singh, Advocates
For the respondents : J.C. to G.P.I.
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02/29.07.2011
. Learned counsel appearing for the petitioner submits that in
accordance with norm of promotion prevailing at the relevant point of time, the
petitioner was promoted to the post of Head Master w.e.f. 08.10.1986.
Subsequently, vide order dated 12.06.2003, the date of the promotion was shifted
from 08.10.86 to 01.04.1982 but the payment on promotional scale for that
period was not to be made. The petitioner after the order of promotion, was
drawing salary in the scale payable to Headmaster but suddenly, an order was
passed as contained in Memo No.4026 dated 31.12.2007 (Annexure-4), whereby
the petitioner was restrained from drawing salary in the said scale. Thereafter on
31.03.2008, the petitioner got retired and then in the year 2009, an order was
passed as contained in Memo No.2256 dated 10.10.2009 (Annexure-5) whereby
recovery was ordered to be made in 24 installments of the amount, which had
been drawn by the petitioner in promoted scale, which order has been challenged
to be bad, as the Government does not have any authority to recover the amount
from the pensionery benefit, without drawing any proceeding.
However, learned counsel appearing for the State seeks time to
seek instruction and to file counter affidavit.
Let this matter be listed after three weeks.
Meanwhile, the order as contained in Memo No.2256 dated
10.10.2009 (Annexure-5) shall not be given effect to, so far it relates to the
petitioner.
Meanwhile, it would be open for the authority to make payment of
the admitted retiral dues.
(R.R. Prasad, J.)
Ravi/