JUDGMENT :

1. The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint about any audio and visual quality.

I.A. No. 6316 of 2020

Perused the office note.

As per the office note, this appeal, in view of different orders of the Hon’ble Supreme Court as recorded therein passed in suo motu Writ (Civil) No. 3 of 2020 as well as order dated 27.04.2021 passed in Misc. Application No. 665 of 2021 in suo motu Writ (Civil) No. 3 of 2020, is not time barred.

There is no reason for not accepting the aforesaid note of the office.

Mrs. Darshana Poddar Mishra, learned Addl. AG-I, seeks leave to withdraw the limitation petition being I.A. No. 6316 of 2020, because the office has reported that the appeal is not time barred.

Accordingly, I.A. No. 6316 of 2020 is permitted to be withdrawn.

L.P.A. No. 382 of 2020

The instant intra-court appeal is under Clause-10 of Letters Patent directed against the order/judgment dated 08.07.2020 passed by the learned Single Judge of this Court in W.P. (S) No. 5272 of 2019, whereby and whereunder, the orders passed by the Administrative Authority dated 20.10.2011 and 07.01.2015, by which, recovery of Rs. 2,15,381/- has been directed to be made from the writ petitioner have been quashed with a direction upon the respondents that the amount so recovered, if any, be refunded in favour of the writ petitioner with a further direction to make payment of arrears of salary and arrears of 6th Pay Revision and other admissible dues, within a period of twelve weeks from the date of receipt/production of copy of this order.

2. The brief facts of the case required to be enumerated which reads as hereunder:

The writ petitioner was appointed as Junior Assistant vide office order as contained in memo no. 108 dated 31.01.1984. The writ petitioner has joined and started discharging his duty from 14.02.1984. He was granted Junior and Senior Selection Grade vide office order as contained in memo no. 1195 dated 09.11.1999.

According to the writ petitioner, even though, he has rendered a considerable period of service, entitling him the benefit of grant of Junior and Senior Selection Grade and accordingly, he was granted the same w.e.f. 14.02.1989 and 14.02.1994 vide office order as contained in memo no. 1195 dated 09.11.1999.

The Finance Department of Government of Bihar came out with a resolution dated 08.02.1999 for implementation of the recommendation of the 5th Pay Revision which contains a Clause as under Clause-11 which clearly stipulates that all time bound promotions as well as the selection grade granted to the employees stand cancelled in the new pay scales.

The respondent authority has come out with a decision as contained in memo no. 1381 dated 20.10.2011, whereby and whereunder, the date of grant of junior selection has been modified and senior selection grade granted to the writ petitioner has been cancelled with a direction to recover the excess due to such promotions and accordingly, a sum of Rs. 2,15,381/- has been directed to be recovered from the writ petitioner in 40 installments.

The writ petitioner has approached to this Court on the basis of the fact that one Sanat Kumar Das in similar circumstances has approached to this Court by filing the writ petition being W.P. (S) No. 149 of 2012 and Coordinate learned Single Judge of this Court has allowed the writ petition vide order dated 12.12.2017 and in pursuant to the directions of this Court, the recovered amount has been paid vide letter as contained in letter no. 1438 dated 04.12.2018.

In another similar writ petition preferred by one Srikant Prasad Suman who has also preferred writ petition being W.P. (S) No. 888 of 2012, similar direction/order has been passed vide order dated 14.08.2018 as was passed in W.P. (S) No. 149 of 2012.

The learned Single Judge after considering the aforesaid aspects of the matter and taking into consideration the fact that the writ petitioner has also made a representation to t