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2002 DIGILAW 979 (JHR)

Ram Kripal Sai v. State Of Jharkhand

2002-09-06

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. Heard the parties. 2. The petitioner was a Teacher in Nationalised Primary School, Kolpala, Simdega. He worked in the school till 31st July, 1997. The respondents raised a dispute relating his age and held that the petitioner stood retired from services on 30th April. 1993 and worked beyond the period of retirement. Order of recovery was also passed. The petitioner moved before this Court in CWJC No. 1752 of 1998 (R), Ram Kripal Sai v. State of Bihar and Ors., against the said order wherein a Bench of this Court vide order dated 16th September, 1999 held that the petitioner retired on 30th April, 1993, and the direction for recovery is in consonance with law laid down by the Supreme Court in the case of Radha Kishun v. Union of India and Ors., reported in (1997) 9 SCC 239 . The Court directed to initiate departmental proceedings against those who were responsible to allow the petitioner to continue in service after 30th April, 1993 and ordered to recover the amount from them, in instalments. 3. Thereafter, the petitioner having not paid the retiral benefits preferred the present writ petition. During pendency of this case, the D.S.E., Gumla vide letter No. 1486, dated 8th May, 2002 ordered to adjust the excess sum of Rs. 2,18,162/- from the retirement benefits and to pay the rest of the amount. 4. In the case of petitioner, aforesaid finding having given by this Court on 16th September. 1999 in CWJC No. 1752 of 1998 (R) and the recovery of excess amount having ordered to be made from the erring officer, there was no occasion for the D.S.E. to recover the amount from the petitioner as ordered by letter No. 1486, dated 8th May, 2002. 5. Further, there being no rule to recover any amount from Group Insurance and Leave Encashment amount the order of 8th May, 2002 cannot be upheld. 6. For the reasons aforesaid, the order of recovery passed by D.S.E., Gumla as contained in letter No. 1486, dated 8th May, 2002 is set aside. The respondents are directed to pay the petitioner the total retiral benefits without any recovery within a period of two months from the date of receipt/production of copy of this order. 7. The writ petition is allowed with aforesaid observations and directions.