PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

In the instant LPA, the appellant has assailed the order of learned Single Judge dated 30.09.2024 passed in CWJC No. 14872 of 2024.

2. Undisputed facts are that the appellant while working as a Constable was extended certain monetary benefit, for which he was not entitled to, for the reason that he was a non-matric. Such of those Constables who have passed matriculation are entitled to particular grade pay of Rs. 4200/- etc. Taking note of wrongly extending higher pay to the appellant, respondent-State proceeded to order for re-fixation of pay as well as ordering recovery.

3. Learned counsel for the appellant is not disputing insofar as the fact that he is non-matric and that apart he is not entitled to higher pay which has been assigned to such of those Constables who have passed matriculation. Therefore, he is not challenging the revision of pay/re-fixation of pay. On the other hand, he is satisfied in the event of quashing the recovery of Rs. 5,02,292/- from the gratuity amount.

4. Learned Single Judge instead of disposing the matter in the light of Hon'ble Supreme Court decision in the case of State of Punjab and others vs Rafiq Masih White Washer and others reported in (2015) 4 SCC 334, directed the petitioner to file representation under Bihar Government Servant Grievances Redressal Rules, 2019.

5. It is to be noted that the appellant has already attained the age of superannuation and retired from service on 30.04.2023. Therefore, at this juncture it is not appropriate to direct the appellant to approach the concerned authority insofar as cancellation of recovery of Rs. 5,02,292/- which was excess payment made to the appellant.

6. Having regard to the judicial pronouncement on the very issue to the extent that once the wrong fixation has been made thereafter if it was re-fixed and order of recovery has been passed, in such circumstance recovery is impermissible in the light of Hon'ble Supreme Court decision cited supra.

7. In the light of these facts and circumstances, the petitioner has made out a case so as to interfere with the order of the learned Single Judge dated 30.09.2024 passed in CWJC No. 14872 of 2024. The order dated 30.09.2024 passed in CWJC No. 14872 of 2024 stands modified insofar as recovery of Rs. 5,02,292/- from the appellant. During the pendency of litigation, if any amount has been recovered, in that event, the concerned authority is hereby directed to refund the same to the appellant. The above exercise shall be completed within a period of three months from the date of receipt of this order.

8. With the above observation, the writ petition stands disposed of.

Disclaimer: Curated by HT Syndication.