Recovery of excess payments from retired employees is impermissible and deemed iniquitous, especially when no misconduct is involved.

JUDGMENT :

Harish Kumar, J.

Heard the parties.

2. The petitioner is aggrieved by the order dated 11.08.2022 as contained in Memo No. 800 issued by the Executive Engineer, National Highway Division, Gulzarbagh, Patna, whereby an amount of Rs. 3,27,220/- has been directed to be recovered from the retiral benefit(s) of the petitioner.

3. The short facts, which led to the filing of the present writ petition, are that the petitioner was initially appointed on 08.04.1982 as work charge chowkidar-cum-cook. Subsequently, the petitioner was absorbed under the regular establishment vide Office Order no. 31 read with Memo No. 1830 dated 28.02.2014 issued by the Road Construction Department, Bihar, in the light of the Resolution No. 10710 dated 17.10.2013 of the Finance Department, Government of Bihar.

4. On being found eligible for time bound promotion, the petitioner was accorded the benefit of time bound promotion vide Letter No. 5927(s) dated 01.08.2018. The petitioner was thus granted promotional pay-scale and accordingly disbursed the consequential enhanced salary and other benefits. After serving satisfactory service of more than 38 years, the petitioner came to be superannuated on 31.01.2021.

5. After superannuation of the petitioner, all of a sudden, the Finance Department, Government of Bihar vide its Letter No. 1134 dated 11.02.2021 reported to the Deputy Secretary, Lokayukt, Bihar, Patna that persons absorbed/regularized under the provision of Resolution No. 10710 dated 17.10.2013 are not entitled for time bound promotion. Pursuant to the letter issued by the Finance Department, the Engineer-in-Chief, Road Construction Department, Bihar vide Memo No. 5431 dated 17.08.2021 issued direction to all the Superintending Engineers and the Executive Engineers of the Road Construction Department to submit their report.

6. In compliance with the aforesaid direction, the Superintending Engineer, National Highway Circle, Patna vide his Memo No. 639 dated 24.08.2021 reported to the Engineer-in-Chief, Road Construction Department that vide Office Order bearing no. 29 read with Memo No. 549 dated 23.07.2021, the time bound promotion granted to the petitioner and others have been set aside/cancelled.

7. Consequent upon the afore-noted letter issued by the Superintending Engineer, National Highway Circle, Patna, the Executive Engineer, NH Division, Gulzarbagh, vide his office order bearing Memo No. 798 dated 31.08.2021, cancelled the time bound promotion of those who have been regularized on or after 28.02.2014 including the petitioner and directed to initiate a process for recovery of excess paid amount. This led to issuance of the impugned order contained in Memo No. 800 dated 11.08.2022 directing for recovery of 3,27,220/- from the retiral benefit(s) of the petitioner after making necessary correction in his pay-scale.

8. The learned counsel for the petitioner assailing the impugned order vigorously contended that in the entire service career of the petitioner, he was neither charged nor was put under any departmental proceeding nor was served with a show-cause notice. However, all of a sudden, after retirement of the petitioner, a unilateral process of recovery was initiated. The petitioner who had been serving the office as Class-IV employee, had neither been instrumental in getting the time bound promotion nor there is any charge that the petitioner had obtained the time bound promotion by making misrepresentation or playing fraud upon the authorities.

9. Any recovery from the employee belonging to Class-IV after his retirement, is not only iniquitous or harsh but in the teeth of the mandate of the highest court of the land. Reliance has also been placed on a judgment of the Hon’ble Apex Court in the case of State of Punjab & Ors. v. Rafiq Masih (White Washer) & Ors. [(2015) 4 SCC 334].

10. On the other hand, learned counsel for the State refuting the contention of the petitioner has contended that the recovery order has been passed by the responde