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Judgment
The petitioner came to this Court seeking a direction upon the respondents for payment of postretiral benefits.
The petitioner was appointed to the post of Junior Engineer on 02.02.1979 and he was posted at Kharkai Division No.2 for the period between
08.04.1991 to 30.10.1996. The petitioner superannuated from service on 30.06.2008. A departmental proceeding was initiated against him on the
allegation of making excess payment of about Rs.12,06,000/to the contractor. He challenged initiation of the departmental proceeding by the
erstwhile State of Bihar by filing W.P.(S) No.5893 of 2007 on the ground that once by virtue of Notification dated 24.02.2001 he was allocated
Jharkhand cadre, respondentState of Bihar was no longer his disciplinary authority.
During pendency of the writ petition several affidavits were exchanged between the parties. In the counter affidavit dated 07.12.2016, the
respondents have pleaded that the petitioner has already been paid gratuity, leave encashment, group insurance amount and pension.
The learned counsel for the petitioner states that all admissible claim of the petitioner has been settled, however, the petitioner has not been paid
arrears on account of VIth Pay Revision. The respondents have pleaded that an amount of Rs.5,10,576.68 was recoverable from the petitioner
out of which Rs.5,01,236/has already been recovered from arrears payable to him.
In view of the aforesaid facts, it is hereby directed that the respondentExecutive Engineer, Rural Development, Special Division, Koderma shall
calculate arrears payable to the petitioner on account of VIth Pay Revision for gratuity, leave encashment, group insurance and his pension shall be
rerefixed in terms of VIth Pay Revision benefits. If the amount so calculated exceeds Rs.5,10,576.68 which allegedly is recoverable from the
petitioner, the balance amount shall be paid to the petitioner within a period of eight weeks. The petitioner is at liberty to challenge the action of the
respondents in recovering Rs.5,01,236/from the arrears payable to him.
With the aforesaid direction to the respondentExecutive Engineer, Rural Development, Special Division, Koderma, the writ petition stands
disposed of.