Lodo Oraon vs The State Of Jharkhand Through The ...
2022 Latest Caselaw 2431 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                               W.P.(S) No. 4481 of 2018

                Lodo Oraon                                   ...      ...     Petitioner
                                     Versus
            The State of Jharkhand through the Secretary, Road Construction
            Department and others                ...         ...     Respondents
                                     ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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            For the Petitioner       : None
            For the Respondents      : Ms. Darshana Poddar Mishra, A.A.G. I
                                     ---


07/05.07.2022         Nobody appears on behalf of the petitioner.

2. Learned counsel for the respondent is present.

3. Learned counsel for the respondents submits that by the impugned order dated 26.07.2017, benefit granted to the petitioner under ACP/MACP has been cancelled on the ground that the petitioner did not pass the required departmental examination. She submits that the petitioner has superannuated on 31.07.2014 and the retiral benefits as per the pay, which the petitioner was otherwise entitled, has already been paid to the petitioner. She has referred to paragraph 17 of the counter affidavit giving details of the amount which has been released in favour of the petitioner. She has further referred to paragraph 38 of the counter affidavit to submit that the petitioner has been paid an amount of Rs. 11,10,652/- in excess for which he was not legally entitled, but in the impugned order as contained in Annexure-8 of the writ petition, there is no stipulation regarding recovery of the said amount from the petitioner. Learned counsel has also relied upon a judgment passed by Hon'ble Patna High Court reported in (2000) 4 PLJR 262 (FB) (Maheshwar Prasad Singh and others versus State of Bihar and others) and also judgment passed by this court in the case of State of Jharkhand and others versus Sami-Ur-Rahman reported in (2022) 1 JBCJ 758 (HC) which has followed the full Bench judgment of Hon'ble Patna High Court. The matter has been heard at length from the side of respondents who has placed the case of the petitioner as well.

4. However, since nobody is appearing on behalf of the petitioner, the matter adjourned and is directed to be posted on 12.07.2022 in the

supplementary cause list. Let this matter be treated as part heard. It is made clear that on the next date, no further adjournment will be granted.

(Anubha Rawat Choudhary, J.) Binit