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2019 DIGILAW 649 (JHR)

Bacha Mishra S/o Late Sonadhar Mishra v. State of Jharkhand

2019-03-06

RAJESH KUMAR

body2019
ORDER : 1. Heard counsels for the parties. 2. At the very outset, the counsel for the petitioner has confined his prayer with regard to recovery i.e. impugned order dated 18.03.2014. 3. It has been submitted that the petitioner has been appointed as a Constable in the year 16.04.1973. The petitioner retired from the service on attaining the age of superannuation with effect from 30.07.2014 from the post of Hawaldar. The only dispute is regarding the recovery of the amount which has been sought due to non-passing of Hindi Examination (Reading and Writing). 4. At the very outset, it has been submitted by the petitioner that a similar order has been passed in the case of Tej Narayan Mishra & Ors. in W.P.(S) No. 883 of 2018, the same has been challenged before this Court and this Court vide order dated 25.08.2018 has quashed the similar impugned order by directing the department to refund the recovered amount. 5. On the basis of parity, the impugned order dated 12.04.2014 (Annexure- S.A.1) is, hereby, quashed and set aside. The authorities are directed to refund the amount, if recovered, within six weeks from the date of receipt/production of a copy of this order. 6. If the said amount is not refunded within the aforesaid period it will carry interest @ 9% from the date of retirement till the date of actual payment and the department will be at liberty to recover the same from the erring officials. 7. With the above observation and direction, the present writ petition stands disposed of.