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Judgment
Heard learned counsels for the parties.
The writ application of the petitioner came to be filed
after the respondents, especially the Accountant General, revised
the pension of the petitioner from Rs. 14005/- to Rs. 12355/-.
Since the reduction is by way of Annexure-6, dated 6th
of January, 2011, the cause of action for the petitioner arose.
Whatever be the story, which has been narrated by the
petitioner in the writ application, the fact stands that the petitioner,
who was required to pass the departmental examination to beget
him the benefit of a certain increments and a higher pay-scale, was
not passed by him. In fact, an application was filed by him for
exemption, but that exemption was refused by the State
Government. Therefore, whatever advantage in terms of the
increment and higher pay-scale, which the petitioner derived,
knowing fully well that he did not participate, therefore, did not
qualify in the examination was well known to him.
The Court is not willing to bite the line of arguments
that there was no contribution of the petitioner in the fraud played,
because by virtue of holding the high post of District Education
Officer, he is and was expected to know the entitlement and in fact
he had been given the additional benefit and higher pay-scale, which
the petitioner quietly accepted, which shows lack of honesty on his
part.
When these facts came to the knowledge of the
authorities within months, a revised sanction order was forwarded to
the office of Accountant General and the Accountant General,
thereafter, issued a revised pension order, fixing the pension of the
petitioner, at Rs.12355/-, instead of the original authorization,
contained in Annexure-4, of Rs. 14005/-.
Any interference with the decision will be rewarding the
petitioner of his incompetence as also his lack of commitment or
honesty as a government servant.
Writ application has no merit, it is dismissed.