Recoveries from retired Class-III employees post-payment are impermissible under established judicial principles.

ORAL JUDGMENT

Date : 05-12-2025 Heard learned counsel appearing for the petitioners, learned counsel appearing for the respondent State and learned appearing for the respondent Accountant General.

2. The petitioners in the present writ application have prayed for the grant of following relief(s): -

“(i) To quash the letter no 82 dated 16.05.2017 (Annexure-1) issued under the signature of Respondent no 7 whereby and whereunder petitioner has been directed to ensure deposit of Rs 8,33,537-00 in the State Bank of India, Purnea Branch, which was paid to him by way of increment during the period 1.4.1981 to 31.8.2012 without passing of Hindi Noting and Drafting examination Aforesaid order is bad in law as well as on facts, because same has been issued in complete violation of principle of natural justice, that too after superannuation of the petitioner. Aforesaid order is further bad in law because there was/ is no misrepresentation of facts on the part of the petitioner in getting the increments.

(ii) To direct the respondents to fix the pensionary benefit of the petitioner on the basis of last pay drawn by him and make payment all consequential monetary benefits along with interest thereon because there was/ is no laches on the part of the petitioner.

(iii) That the Hon'ble Court may be pleased to grant any other relief or reliefs to the petitioner as this Hon'ble Court may thinks it proper in the present facts and circumstances of this case.”

3. Learned counsel appearing for the petitioners submits that the husband of petitioner No.1(i) and the father of petitioners No. 1(ii) to 1(iv) was initially appointed as a Clerk (Class-III employee) and he joined the service on 01.04.1975 in Maturam Girls High School, Banmankhi, Purnea, and retired from service on 31.08.2012. He further submits that after retirement, the husband of petitioner No. 1(i) submitted all relevant papers including pension form before respondent No.7 and accordingly the deceased employee was paid leave encashment, group insurance amount and G.P.F. amount, but was not paid provisional pension and gratuity. It is further submitted that belatedly the In- charge Headmaster, Maturam Girls High School, Banmankhi, Purnea, vide letter No. 58 dated 31.05.2014 (Annexure-2 series) submitted pension form and the service-book of the husband of the petitioner No.1(i) before District Programme Officer (Establishment) Purnea. Accordingly, after verifying the entire service-book, certificate dated 31.05.2014 was granted by respondent No.7. After having received the pension form and the service-book of the husband of petitioner No.1(i), respondent No. 6 sent the same to the Accountant General, Bihar, Patna, who was the competent authority to sanction the pension and gratuity. The Accountant General, Bihar, Patna, having found some defects in the service-book of the husband of petitioner No.1(i), vide letter No. 955 dated 29.09.2014, returned the same with certain objection to respondent No.6, who in turn vide letter No. 3986 dated 08.11.2014 returned the service-book and pension form to respondent No.7 with a direction to remove the objections raised by the Accountant General immediately and make available the service-book and the pension form. He further submits that from the perusal of the said letter dated 08.11.2014, it would reveal that the Accountant General, Bihar, Patna, has pointed out the objection to the effect that for a Clerk passing of Hindi Noting and Drafting Examination was necessary, so that he could get entire increments. However, in the service-book of the husband of petitioner No.1(i), certificate regarding passing of said examination was not mention