Manmohan Prasad Sah vs The State Of Jharkhand & Ors
2021 Latest Caselaw 4385 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P.(S) No. 3622 of 2019
     Manmohan Prasad Sah                       .... .... Petitioner
                              Versus
     The State of Jharkhand & Ors.                .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE DR. S.N. PATHAK (Through Video Conferencing)

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For the Petitioner : Mr. Peeyush Krishna Choudhary, Adv. For the Respondent- State : Mr. Gaurav Raj, AC to A.A.G.-II For the Respondent No.5 : Mr. Rohit Sinha, Advocate

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9 / 24.11.2021 The prayer in the writ petition is for payment of retiral benefits to the petitioner including G.P.F., gratuity, leave encashment, earned leave, arrears of differences of salary, as also to pay the amount, which has been deducted by the respondents after retirement to the tune of Rs. 5,19,828/-.

On earlier occasion, this Court had directed to the respondents to pay all the retiral dues to the petitioner.

It has been submitted by Mr. Gaurav Raj, learned counsel representing the respondents that the entire benefit has been extended to the petitioner, save and except the amount of Rs. 5,19,828/-, which has been illegally received by the petitioner in excess.

Nothing has been brought on record to show that whether any show cause was issued to the petitioner or any proceeding was initiated before passing the order of recovery and whether after retirement, the amount said to be paid in excess could be recovered from a class-III employee abruptly.

Let the respondent State file a specific affidavit as to under what circumstance, the recovery was made and whether the respondent State has considered the celebrated judgment of the Hon'ble Supreme Court of India passed in the case of State of Punjab & Ors. Vs. Rafiq Masih (whitewasher) & Ors, reported in (2015) 4 SCC 334.

Learned counsel for the respondent State shall hand over a copy of the counter affidavit to the learned counsel appearing for the respondent No.5 (Accountant General).

Put up this case on 09.12.2021.

(Dr. S. N. Pathak, J.) R.Kr.