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2007 Supreme(Jhk) 810

DILIP KUMAR SINHA, N.N.TIWARI, M.KARPAGAVINAYAGAM
Normi Topno – Appellant
Versus
State Of Jharkhand Through Its Secretary, Department Of Health – Respondent


JUDGMENT

M. Karpaga Vinayagam, C.J.

1. Smt. Normi Topno, on being aggrieved by the order of the learned Single Judge, upholding the action of recovery of the excess payment from her pension and gratuity, has filed this letters patent appeal.

2. The appellant got retired from service on 30.09.1999 as A.N.M from Primary Health Centre, Boarijor, Godda. Thereupon her pension papers were sent to the Accountant General. On scrutiny, the Accountant General found that she was wrongly granted Time Bound Promotion. Therefore, the Accountant General returned the papers for clarification. The Department scrutinized the papers and found that the appellant was wrongly given Time Bound Promotion. Therefore, pension papers were forwarded to the Accountant General for recovery of Rs. 50,456/-, the excess amount paid to her from her pension/Gratuity. Challenging the said action of the authorities, Smt. Normi Topno filed a writ petition in W.P.(S) No. 2668 of 2003 before the learned Single Judge. The same was dismissed on 25.01.2006 holding that the action of recovery is justified in view of the Division Ranch Judgment in State of Jharkhand and Ors. v. (Smt.) Girish Kumari Prasad and Ors. and Ram Chandr










































































































































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