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2022 Supreme(Pat) 887

HARISH KUMAR
Umesh Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Sunil Kumar.
For the Respondents: Mr. Subhash Chandra Mishra.

Harish Kumar, J. – Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Samir Kumar, AC to SC-16.

2. This order is confined only to the petitioner no.2, as in view of order dated 18.08.2022, passed by this Court, the name of petitioner no.1 (Umesh Prasad Singh) has been deleted from the array of parties.

3. The present writ application has been filed seeking quashing of the Bill showing the excess payment of Rs.7,08,718/- dated 18.06.2022, issued under the signature of the Head Master, Middle School, Khizersarai-cum-Drawing and Disbursing Officer, whereby the alleged aforesaid excess amount has been deducted from the amount of gratuity of the petitioner. The petitioner seeks further direction upon the respondents to refund the amount, which has been deducted from the head of gratuity and further directed to refix the pension of the petitioner on the basis of his last pay drawn, as the petitioner superannuated from the post of Assistant Teacher in the pay scale of Rs.72,100/-.

4. The short facts of the case is that the petitioner was appointed as an Assistant Teacher in the year 1991 and was posted in Primary School, Rajbigha under Atri Block in the district of Gaya. In th

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