Nirmal Prasad Choudhary vs The State Of Jharkhand & Ors
2024 Latest Caselaw 5175 Jhar

Jharkhand High Court

Nirmal Prasad Choudhary vs The State Of Jharkhand & Ors on 10 May, 2024

Author: S.N. Pathak

Bench: S.N.Pathak

               IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                         W.P.(S) No. 1730 of 2024
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Nirmal Prasad Choudhary .......... Petitioner Versus

The State of Jharkhand & Ors. .......... Respondents

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CORAM: HON'BLE DR. JUSTICE S.N.PATHAK

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For the Petitioner : Mr. Lakhan Chandra Roy, Advocate For the Resp.-State : Mr. Shubham Mishra, AC to SC(M)-II For the Resp. Nos.3 & 5: Mr. Mrinal Kanti Roy, Advocate

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04/ 10.05.2024 Learned counsel for the petitioner submits that vide letter dated 11.10.2023, the respondents have directed to recover the excess amount of pension/arrears of pension paid to the petitioner.

Placing reliance to the celebrated judgment of Hon'ble Apex Court in the case of State of Punjab & Ors. Vs. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334, Learned counsel for the petitioner submits that after retirement no recovery can be made from the retiral benefits of 3rd and 4th grade employee.

The Court is satisfied with the argument of the learned counsel for the petitioner and balance of convenience lies in favour of the petitioner, however, the respondents are directed to file counter-affidavit within four weeks.

Put up this case after four weeks.

Till then Operation and Implementation and Execution of order dated 11.10.2023 shall remain stayed.

(Dr. S.N. Pathak, J.) Rohit-