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Judgment
D.G.R. Patnaik, J.—Heard the learned Counsel for the parties.
Petitioner, in this writ application, has prayed for a direction upon the Respondents to refund to him the deducted amounts, which at the rate of Rs. 359 per month, was recovered from the petitioner�s pension amount from June 2000 to April, 2004. The claim for refund of the total amount together with a claim for payment of interest has been made on the ground that the recovery of money from the petitioner�s pension amount has been made in a most illegal and arbitrary manner without any authority whatsoever.
The petitioner was appointed as an unskilled worker and joined service on such post on 09.11.1959 in the Electrical Department of the Respondent-J.S.E.B. He superannuated from service on the post of Line man, while working in the Electric Supply Division, Lohardaga, on 30.11.1999.
Prior to the date of his retirement, the petitioner had submitted his offer for sale of a portion of his pension as per the prescribed Rules. His offer was accepted and accordingly, the General Manager-cum-Chief Engineer of South Bihar and Chhotanagpur Area of the Electricity Board, Ranchi (Respondent No. 3) by his office order dated-01.09.2000 accorded sanction for payment of Rs. 42,261.48 to the petitioner and a direction accordingly, was issued to the Executive Engineer, Electric Supply Division, Siwan (Bihar) by the Deputy Director of Accounts, South Bihar and Chhotanagpur Area, Ranchi vide letter dated-19.09.2000.
The petitioner�s grievance is that in spite of the order of sanction and the directions given by the superior officer, the said amount of Rs. 42,261.48 has not been paid to the petitioner and on the contrary, a sum of Rs. 359/- per month was deducted from the pension amount of the petitioner since June, 2000 and such deductions continued to be made till the month of April, 2004.
Learned Counsel for the petitioner explains that the petitioner was neither informed nor any advance notice was served upon him explaining as to why the deduction of the said amount from his pension was being made nor was he afforded any opportunity to explain as to why such deductions should not be made.
Learned Counsel adds further that during the pendency of this writ application, the Respondents have released and refunded the entire amount, which was earlier recovered from his pension sometime in the month of July, 2005 but they have not paid any interest over the total amount of money, which they have illegally retained with them for a period of more than four years prior to the date of refund. Learned Counsel submits that the petitioner is entitled to claim and receive interest on the accumulated amount of money, which was illegally recovered from the petitioner�s pension amount.
Though, learned Counsel for the Respondent is present but no counter affidavit has been filed. However, from the facts stated by the petitioner including the fact that the Respondents have since refunded the total amount, which they had earlier recovered from the petitioner�s pension amount, the only issue, which remains to be decided, is in respect of the payment of interest on the money retained by the Respondents.
Considering the facts and circumstances, this writ application is disposed of with liberty to the petitioner to file a fresh representation before the concerned authorities of the Respondents raising his claim and stating the grounds in support thereof and within two months from the date of receipt of such representation, the concerned authorities of the Respondents shall consider the petitioner''s claim for appropriate interest on the total amount and pass an appropriate order in accordance with law and shall effectively communicate such decision to the petitioner.
With these observations, this writ application stands disposed of.
Let a copy of this order be given to the learned Counsel for the Respondents-J.S.E.B.