JUDGMENT

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. Heard Mr. Siyaram Shahi, learned counsel for the petitioner, Mrs. Shilpa Singh, learned Government Advocate No. 12 appearing for the State and Mrs. Nivedita Nrivikar, learned Senior counsel appearing for the Accountant General.

3. The petitioner claims that he has retired with effect from 31.12.2017, while holding the post of Head Master, Lakhisarai in the district of Lakhisarai. He has filed the present writ application seeking direction to the respondents to pay his post retiral dues.

4. Counter affidavits and supplementary counter affidavits have been filed on behalf of the respondents. In the counter affidavit filed on behalf of respondent No. 6, it was stated that the petitioner had been paid all the post retiral dues except for pension, which could not be finalized because of absence of no objection certificate. It transpires that the Accountant General, Bihar had raised certain objections in respect of grant of higher grade pay and increments to the petitioner simultaneously contrary to resolution of the State Government of Bihar, which clearly stipulated that if a promotion was granted in the same grade pay, the employees shall not be entitled to any increment. The petitioner had received salary with higher grade pay and increment at the same time contrary to the said stipulations. It was, accordingly, the opinion of the Accountant General that the petitioner had received amount against salary in excess to what he was legally entitled to. The Accountant General had accordingly asked the State respondents to re-submit the pension papers of the petitioner. The pension papers were subsequently submitted by the concerned office of the State of Bihar to the Accountant General through letter dated 09.04.2018, informing that a total sum of Rs. 4,99,418/- had been paid in excess on account of grant of higher grade pay and annual increment after grant of promotion on the post of Head Master. It was further pointed out that a sum of Rs. 169050/- had been paid in excess against un-utilized earned leave, which also deserved to be adjusted. After receipt of the revised pension papers, the Accountant General, Bihar authorized payment of pension on 22.05.2018.

5. The petitioner has filed LA. No. 01 of 2021 for seeking amendment in the relief portion of writ petition for quashing of letter No. 548 dated 27.02.2018 issued by the District Programme Officer(Establishment), Lakhisarai and letter No. 30 dated 09.04.2018 issued by Drawing and Disbursing Officer, Purani Bazar Middle School, Lakhisarai, whereby the excess amount paid to the petitioner towards salary is also sought to be challenged. The petitioner is thus, also seeking a direction to the Accountant General to revise his pension on the basis of last pay drawn by way of amendment through LA. No. 01 of 2021.

6. Considering the nature of amendment, which the petitioner is seeking, the same is allowed. The relief sought for by the petitioner stands, accordingly, amended and accordingly, it is ordered that additional relief sought for through LA. No. 01 of 2021 shall form part of the main writ application. Further, the averments made in the interlocutory application have been treated to be averments made in the writ application, for the purpose of present proceeding.

7. When the matter was taken up by this Court on 06.07.2021, it had required the Accountant General, Bihar to file supplementary counter affidavit, disclosing clearly the calculation of amount, which has been found to have been paid to the petitioner in excess to his actual entitlements. The Accountant General was also required to disclose the basis for reaching a conclusion that the amount paid to the petitioner was in excess to the petitioner's actual entitlements. Pursuant to the said direction a supplementary counter affidavit has been filed on behalf of the Accountant General stating in paragraphs 6,7 and 8 as under: