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2022 Supreme(Jhk) 1273

S. N. PATHAK
Subal Chandra Mandal – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Din Dayal Saha.
For the State : Mr. Prabhat Kumar, SC-II, Ms. Shivani Kapoor, AC to SC-II, Ms. Shreshtha Mehta, AC to SC-II.

JUDGMENT :

Heard the parties.

2. Petitioner has approached this Court with a prayer for quashing the order of recovery dated 14.03.2019, as entered in the service book of the petitioner, by which the respondents have illegally ordered to recover an amount of Rs.1,62,332/- for the period from 1.4.97 to 31.12.2014 after retirement of the petitioner.

3. As per the factual matrix, the petitioner was initially appointed and joined to the post of Assistant Teacher on 03.05.1983, vide memo No. 144-46, dated 16.04.1983 and served the department with full devotion and satisfaction to the respondent-authorities. Subsequently, the petitioner was terminated on 15.01.1985 and thereafter, he was re-appointed vide memo No. 9396-9619 dated 26.12.1995 and joining was accepted on 03.01.1996 and since then, he has been discharging his duties to the utter satisfaction of the respondents and after rendering long period of service, he superannuated on 31.03.18. It is the specific case of the petitioner that after superannuation, he has received all the benefits from 03.01.96 though his initial date of appointment was 3.5.83. During the service period, pay-scale of the petitioner was revised and he also rec

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