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MOHIT KUMAR SHAH
Shambhu Sharan – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed seeking the following relief: –
“1. That the petitioner prefers the present writ petition for the issuance of an appropriate writ or writs in the nature of certiorari or any other writ or writs and direction or directions for quashing the letter No. 976 dated 07.08.2021 issued by the Chief Engineer, Minor Water Resources Department by which the 2nd A.C.P. and 3rd A.C.P. granted to the petitioner vide Annexure-5 have been withdrawn and excess payment made to the petitioner has been directed to be recovered in one lump sum and the name of the petitioner finds place at serial no. 125 and for restoration of Annexure-1 and 2 by which the petitioner has been granted the benefits of 2nd & 3rd A.C.P. with effect from 2.9.2007 and 29.2.2021 and also for a further direction for stay of recovery of the excess amount paid to the petitioner during service period.”
2. The learned counsel for the petitioner submits that the petitioner was appointed on 21.3.1979 in the Minor Irrigation Department and he superannuated on 31.1.2012 from the office of the Executive Engineer, Minor Irrigation Department, Nalanda, while working as Correspon
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
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