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RAJESH KUMAR VERMA
Bikrama Singh – Appellant
Versus
State of Bihar – Respondent
Rajesh Kumar Verma, J. – Heard Mr. Banwari Sharma, learned counsel appearing on behalf of the petitioner and learned counsel appearing for the State.
2. The present writ application has been filed for quashing the order issued vide memo No.1203 dated 26.12.2011 under the signature of the Chief Engineer, Central Design and Research, Water Resources Department, Govt. of Bihar, Patna (Annexure-19) by which the application filed by the petitioners with regard to shifting of their date of promotion to the post of Head Clerk and also cancelled the promotion of petitioner No.1 against need based post of Head Assistant, has been cancelled without assigning any reason and further direction to the respondents not to shift the date of promotion given to the petitioners on the post of Head Clerk nor the promotion given to the petitioner No.1 against the need based post of Head Assistant be cancelled and pay all the consequential benefits to the petitioners including the recovery amount which has been recovered on account of shifting and cancellation of their promotion date.
3. The petitioners were initially appointed as correspondence clerk in the Irrigation Department on 15.02.1978 and 01.07.19
(1) Recovery – Any decision taken by State Government to reduce an employee’s pay scale and recover excess amount cannot be applied retrospectively and that too after a long time gap.(2) Any step of ....
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
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