Mohammad Illiyash @ Md. Iliyash vs The State Of Bihar
2023 Latest Caselaw 3748 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9755 of 2023
     ======================================================

Mohammad Illiyash @ Md. Iliyash Son of Phida Husain, Resident of Juran Chapra, in front of Belaie Masjid, Post- M.I. T., P.S. Brahmpura, District

-Muzaffarpur the retired Khalasi, Public Health Division, Muzaffarpur, District - Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Public Health Engineering Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

3. The Engineer-in-Chief-cum- Special Secretary, Public Health Engineering Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

4. The Chief Engineer, Public Health Engineering Department, Government of Bihar, Patna.

5. The Superintending Engineer, Public Health Engineering Circle, Motihari.

6. The Executive Engineer, Public Health Division, Muzaffarpur, District-

Muzaffarpur.

7. The Treasury Officer, Muzaffarpur, District -Muzaffarpur .

8. The Accountant General, Bihar, Patna.

9. The Senior Accounts Officer, Office of the Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vijay Kumar Singh, Advocate. For the Respondent/s : Mr.Arvind Ujjwal, SC-4. For the A.G. Bihar : Ms. Ritika Rani, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 16-08-2023 Heard Mr. Vijay Kumar Singh, learned counsel

appearing on behalf of the petitioner; Mr. Arvind Ujjwal,

learend SC-4 for the State and Ms. Ritika Rani, learned counsel

for the Accountant General.

2. Petitioner is aggrieved by recovery of Rs.

3,65,518/- from the total amount of gratuity payable to the Patna High Court CWJC No.9755 of 2023 dt.16-08-2023

petitioner.

3. Learned counsel appearing on behalf of the

petitioner informs this Court that on account of incorrect

calculation made by the respondents themselves, the petitioner

should not suffer and the action of the respondents with respect

to recovery from the amount of gratuity on account of excess

payment, from a retired Class-IV government servant is

unwarranted, in light of the decision of the Apex Court in case

of State of Punjab & Ors. Vrs. Rafiq Masih & Ors., 2015 (4)

SCC 334.

4. Considering the aforesaid facts, the petitioner is

directed to make a detailed representation along with the law

laid down by the Apex Court and this Court.

5. In the meantime, the authorities must restrain

themselves from recovering the excess amount, which has been

deducted from the gratuity of the petitioner who was holding

Class-IV post of Khalasi.

6. The concerned authorities must ensure to act in

accordance with law as laid down by the Apex Court and must

ensure to pay back the recovered amount in the account of the

petitioner with interest within a period of six weeks from the

date of this order.

Patna High Court CWJC No.9755 of 2023 dt.16-08-2023

7. As the order has been passed in the open Court,

learned counsel for the respondents is directed to inform the

Executive Engineer, Public Health Division, Muzaffarpur -

respondent no.6.

8. Accordingly, Annexure-5 dated 08.12.2022 is set

aside and quashed to the effect that it will have no force in any

manner with respect to recovery from the gratuity of the

petitioner.

9. The writ petition stands disposed of.

(Purnendu Singh, J)

mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          16.08.2023
Transmission Date       N.A.