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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH, J.
Smt. Rupa Prasad wife of Sri Hari Moha and Ors – Appellants
Versus
The State Of Bihar – Respondents
Civil Writ Jurisdiction Case No.24639 of 2018
Decided on : 27-07-2023
Important Points
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 modifying the decision of the State Government is not binding, and recovery cannot be made on the basis of the said decision.
Act Referred
Headnote
Recovery of Excess Payment - Pensioners - Article 162, Article 166 of the Constitution of India - Notification No. 697 dated 26.05.2016, Notification No. 877 dated 01.07.2016, Notification No. 1237 dated 10.10.2018 - The court found that the recovery of excess payment made to the pensioners after retirement was not permissible as it would be iniquitous, harsh, and arbitrary. The court also held that the notification modifying the earlier notifications and directing recovery was without jurisdiction and unwarranted. The court set aside and quashed the impugned notification and stayed its operation.
Fact of the Case:
The petitioners, retired teachers from Government Girls College at Gardanibagh & Gulzarbagh at Patna, were granted financial benefits in terms of Notification No. 697 dated 26.05.2016. Recovery was made from their pension after more than two years based on the correction/rectification of the earlier notification. The petitioners challenged the recovery in the High Court.
Finding of the Court:
The court found that recovery of excess payment made to the pensioners after retirement was impermissible as it would be iniquitous, harsh, and arbitrary. The court also held that the impugned notification modifying the earlier notifications and directing recovery was without jurisdiction and unwarranted. The court set aside and quashed the impugned notification and stayed its operation.
Issues: The issues considered by the court included whether unilateral recovery can be made after granting financial benefit after retirement and whether a circular issued by an officer of the State modifying the decision of the State Government is binding and recovery can be made on the basis of the said decision.
Ratio Decidendi: The recovery of excess payment made to the pensioners after retirement would be impermissible if it would be iniquitous, harsh, or arbitrary. Additionally, a circular issued by an officer of the State modifying the decision of the State Government is not binding, and recovery cannot be made on the basis of the said decision.
Final Decision: The court set aside and quashed the impugned notification and stayed its operation. The respondents were advised to rectify the earlier notification in accordance with the law after giving proper opportunity to the individual petitioners.
Advocate Appeared:
For the Appellant :Mr. Jitendra Singh, Mr. Harsh Singh, Mr. Yash Singh, Mr. Isshan Singh, Mr. Shashi Bhushan Kumar, Advocate
For the Respondent: Mr. Sarvesh Kumar Singh, Ms. Nivedita Nirwikar, Mr. Amrendra Kumar
JUDGMENT :
Heard Mr. Jitendra Singh, learned Senior Counsel appearing on behalf of petitioners, Ms. Nivedita Nirwikar, learned Senior Counsel appearing on behalf of Accountant General, Bihar and Mr. Sarvesh Kumar Singh, learned AAG-15 appearing for the State.
2. Petitioners who are total 11 in numbers have prayed, interalia, for following relief(s):
(i) For issuance of writ not to deduct any amount from the retirement benefit/pension of the petitioners.
(ii) For issuance of writ of certiorari for quashing the Notification contained in Memo No. 1237 dated 10.10.2018 issued by the Education Department Govt. of Bihar whereby and where under;-
i. Earlier issued notification no. 877 dated 01.07.2016 which was not approved by the Finance Department was annulled
ii. Earlier Notification No. 697 dated 26.05.2016 was modified
iii. and also direction was made that in lieu of the aforesaid modification if any excess payment was made to any working employee/retired employee then that will be recovered from the salary/pension in the monthly installments.
3. The facts of the case in brief are that the petitioners are retired teachers from Government Girls College at Gardanibagh & Gulzarbagh at Patna. A list of petitioners with their date of joining and retirement has been brought on record by way supplementary affidavit filed by the petitioners and same is reproduced in tabular form as under:
| SI No. | Name of the petitioners | Dt of Joining | Date of retirement | Name of Institution. |
| 1. | Rupa Prasad | 04.12.1978 | 30.06.2014 | Govt. girls Colleges Gardanibagh, Patna |
| 2. | Vibha Sinha | 18.04.1981 | 30.09.2014 | do |
| 3. | Anita Jamuar | 14.04.1981 | 31.12.2014 | do |
| 4. | Nutan Sahay | 21.04.1981 | 30.04.2016 | do |
| 5. | Sheela Kumari | 27.11.1981 | 31.03.2016 | do |
| 6. | Sarita Rohtogi | 02.01.1976 | 31.05.2011 | Govt. girls Colleges Gulzarbagh, Patna |
| 7. | Vijay Lakshmi Sinha | 11.04.1981 | 30.07.2016 | do |
| 8. | Aprajita Srivasta | 05.11.1973 | 30.06.2010 | do |
| 9. | Rajia Bano | 14.01.1981 | 31.10.2012 | do |
| 10. | Indu Sinha | 05.11.1973 | 31.10.2010 | do |
| 11. | Purnima Prasad died hence M.L.Verma made petitioner. | 28.06.1974 | 2010 | do |
4. The writ petition is devoid of any statement regarding the post from which the petitioners have retired and the last pay scale drawn by them on the basis of which the pension of the petitioners were fixed. It has been admitted that the petitioners were granted financial benefits in terms of Memo No. 697 dated 26.05.2016 (Annexure-2) with retrospective date. Thereafter, vide notification no. 1237 dated 10.10.2018 (Annexure-4) after the lapse of more than two years recovery have been made from the pension of the petitioners. The reason being that financial benefits have been incorrectly given vide notification no. 697 dated 26.05.2016 and the correction/rectification has been made in light of Clause 4 of the Notification No. 697. The petitioners are aggrieved by the order of recovery contained in Memo no. 1237 dated 10.10.2018 contained in Annexure-4 to the writ petition.
5. Learned senior counsel appearing on behalf of the petitioners submitted that the notification contained in Memo No.697 dated 26.05.2016 was duly approved by the Cabinet and the Finance Department, Govt. of Bihar (Annexure 2) notified under the name of the Governor. The chart to the notification provides benefit as per tenure of service at S.No. 1 to 33 whereas serial no. 34 onwards gives ACP and MACP as per VIth Pay Revision. Column 5 and 6 of Memo No. 697 deals with the upgradation in salary and accordingly pay scales has been granted in the year 1991 and 2005 respectively to the petitioners.
6. It is further submitted that the revised pay structure was approved by the Gov
