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2004 Supreme(Pat) 1054

MRIDULA MISHRA
Satyendra Singh – Appellant
Versus
Accountant General, Bihar, Patna – Respondent


Judgment

1. The petitioner has filed this application for quashing the order of recovery issued by respondent No. 5, Executive Engineer, P.W.D. Road Construction Department, Ranchi. The petitioner has retired from service on 31.5.2000. He was being paid his provisional pension, gratuity, and leave encashment. Subsequently, the Accountant General, Bihar, issued a direction to recover the excess amount paid to the petitioner from his pensionary benefits. Prayer of the petitioner is also for fixation of pension in the revised scale. Petitioners salary alongwith other Electrician grade II of the P.W.D, was fixed in the revised scale with effect from 1.3.1986. After petitioners retirement from service, Accountant General Bihar raised objection that wrongly revised scale was given to the petitioner alongwith electricians of Irrigation Department for which he is not entitled. The Department did not agree with the order passed by the Accountant General. Even then the Accountant General has fixed the pension of the petitioner in the lower scale and also directed for recovery of the amount from the pensionary benefits of the petitioner. On the basis of the direction of the Accountant General






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