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MOHIT KUMAR SHAH
Kamala Kant Pandey – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed primarily for directing the respondents to make payment of the retiral dues of the petitioner, who superannuated on 31.01.2021, while working as Headmaster, Upgraded Middle School, Bela, Khaira, Jamui.
2. It is the complaint of the petitioner that the retiral dues have not been paid despite the petitioner having retired long back from his services.
3. Per Contra, it is the stand of the respondent-State, as is apparent from the counter affidavits filed in the present case that the entire retiral dues of the petitioner has now stood paid.
4. The learned Additional Chief Secretary, Education Department, Government of Bihar, Patna, who is present in the Court, has submitted that on account of objection being raised by the Office of the Accountant General, Bihar, Patna regarding incorrect fixation of pay scale of the petitioner due to grant of erroneous annual increments without the petitioner having passed the Hindi Noting and Drafting Exam and consequently, the pension papers/service book of the petitioner being returned to the department, the respondent State authorities had taken corrective measures, whereupon the pay-scale
The mandatory requirement of passing the Departmental Accounts Examination for up-gradation or promotion in the pay-scale, and the impermissibility of allowing the illegality to be perpetuated.
The recovery of excess payment made to pensioners after retirement would be impermissible if it would be iniquitous, harsh, or arbitrary. Additionally, a circular issued by an officer of the State mo....
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
Retired employees are entitled to an additional increment for the year preceding their retirement and to gratuity limits as specified in government notifications, regardless of their retirement date ....
Point of law: The expression 'emoluments' means basic pay as defined in Rule 9(21) (a)(i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the....
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