IMPORTANT POINT
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.

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:

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