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2013 Supreme(Pat) 82

NAVANITI PRASAD SINGH
Kamla Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ram Naresh Sharma
For the Respondent: Mr. J.S. Arora, Mr. Manoj Kumar.
For the Accountant General : Mr. Prabhat Ranjan

ORAL ORDER

The petitioner has, inter alia, by this writ petition, challenged the letter, as contained in Annexure-2, being letter of the Incharge Principal, High School, Ayar, Bhojpur, by which the petitioner has been informed that his salary with effect from 01.01.1996 and its revision with effect from 01.01.2006 granting him yearly increment was wrongly done, as such, the excess payment made to him since 01.01.1996 amounting to Rs.1,86,387 was recoverable and should be deposited by him. Counter affidavits have been filed with reply thereto. With consent of learned counsel for the petitioner and learned counsel for the State, the writ petition has been heard for its final disposal at this stage itself.

2. The petitioner was appointed on 04.02.1974 as a Laboratory Assistant in K.P. High School, Dumari. After 20 years of service, as such, on 18.07.1995, he was promoted as a Clerk (Assistant), which is a Class-III post. He joined the present school being High School, Ayar, P.S.-Jagdishpur, District-Bhojpur. Accordingly, having joined as a Clerk, subsequently he was given annual increments with effect from 01.01.1996 and pay revision based upon the last pay drawn. Petitioner superannu




















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