ORAL JUDGMENT

Date : 10-09-2024

This Court has heard Mr. Sunil Kumar Singh, learned Advocate for the petitioners, Mr. Piyus Lall, learned Advocate for the respondent nos. 3 to 6 and Ms. Seema Ghazala, learned Advocate for the State.

2. The petitioners are retired Class-III employees of the judgeship of Patna, superannuated from the post of Sheristedars have preferred the present writ petition under Article 226 of the Constitution of India seeking quashing of the order of recovery of excess amount drawn from the amount of unutilized earned leave of the petitioners amounting to Rs. 3,35,165/- and Rs. 4,45,975/- issued under the signature of District and Sessions Judge, Patna vide Sanction order dated 20.07.2021 and 16.09.2021 respectively.

3. Bereft of immaterial details, the relevant facts of the case are that petitioner no.1 was appointed as a clerk on 08.12.1979 and superannuated on 31.01.2021 while working on the post of Sheristedar from Civil Court, Patna. Similarly petitioner no.2 appointed on 19.05.1981 as Clerk and superannuated on 20.03.2020 while working on the post of Sheristedar from Civil Court, Patna City, Patna.

4. Initially vide Order No. 29/2006 dated 26.08.2006, the pet