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PATNA HIGH COURT
HARISH KUMAR, J
Ashok Kumar Tiwary – Appellant
Versus
The State of Bihar through the Additional Chief Secretary, Finance Department, Government of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioners challenge recovery of excess payment from retirement benefits. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioners argue recovery violates supreme court mandate. (Para 8 , 9 , 10) |
| 3. respondents assert recovery is valid due to undertakings. (Para 11 , 12 , 13 , 14) |
| 4. court reviews relevant communications regarding recovery. (Para 15 , 16 , 17 , 18) |
| 5. court cites supreme court guidelines on recovery from employees. (Para 19 , 20 , 21 , 22 , 23) |
| 6. court finds discriminatory recovery practices unjust. (Para 24 , 25 , 26 , 27) |
| 7. court quashes recovery orders and allows petition. (Para 28 , 29 , 30) |
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
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