IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7905 of 2006 MD.SANAULLAH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr.Lakesh Marvind,adv. For the State : M/s Ramchandra Pd. Bharti,S.C.14 with Md.Aslam Ansari, Santosh Kumar Singh and Lakshman Paswan, J.C. to S.C.14. ------------- 3. 21/07/2008 Petitioner, who retired on 30.9.1997 from the post of Instructor in Government Polytechnic, Guljarbagh, Patna, filed this writ application for a direction to the respondents to fix and finalize his monthly pension on the basis of revised salary and last pay drawn and for a further direction to fix his last pay after confirmation of second time bound promotion already granted to the petitioner with effect from 7.8.1986. A further prayer in the writ petition is for a direction to the respondents to pay rest of the gratuity amount with statutory interest. Petitioner contended that he was granted second time bound promotion with effect from 7.8.1986 and he continued as such and finally retired with effect from 30.9.1997. However, respondents did not finalize his pensionary benefits. Petitioner contended that after six years of his retirement in 2003 respondents - 2 - disputed the date of birth of the petitioner mentioned in the service book and on that account, respondents refrained from finalizing the pensionary benefits of the petitioner. However, it appears that later on the respondents accepted the contention of the petitioner that his date of birth mentioned in the service book was correct and he rightly retired with effect from 30th September, 1997. But after ten years of retirement, the Department has reopened the matter with regard to grant of second time bound promotion to the petitioner and has issued Annexure-A to the counter affidavit dated 16.5.2007 cancelling the second time bound promotion granted to the petitioner. By another communication dated 6.8.2007, annexed as Annexure- 5 to the second supplementary affidavit filed by the petitioner, respondents have passed orders for recovery of all excess amount paid to the petitioner on account of grant of second time bound promotion from his pensionary benefits. It is really shocking to find that ten years after retirement of the petitioner, the respondents had the courage to rake up the matter with regard to grant of second time bound - 3 - promotion of the petitioner and order for recovery of excess amount paid to the petitioner during his service period and received by him till his retirement on 30.9.1997 from his pensionary benefits. In the circumstances, without going into the question of legality of the said order, the order dated 16.5.2007 cancelling second time bound promotion, as contained in Annexure-A as well as the order of recovery dated 6.8.2007,as contained in Annexure-5 to the supplementary affidavit filed by the petitioner, are hereby quashed on account of inordinate delay. Learned counsel for the petitioner submits that pursuant to said Annexure-5, recoveries have already been made from the pensionary benefits of the petitioner. It is directed that all the amount recovered from the petitioner, pursuant to Annexure-5, shall be refunded to the petitioner within three months from the date of receipt/production of a copy of this order and his pensinary benefits shall be finally determined under different heads and all the dues on account of the same shall be paid to the petitioner within - 4 - the same period, treating the petitioner to have retired on 30.9.1997 from the post of Instructor having received second time bound promotion. The State authorities shall complete all exercises with regard to final determination of pensionary benefits and shall communicate the same to the Accountant General, Bihar within the stipulated period of three months itself and the Accountant General shall sanction the payments and issue pension payment order to the petitioner within one month thereafter. It goes without saying that the petitioner shall be entitled to statutory interest on the dues amount under different heads. With the aforesaid observations and directions, this writ application is allowed. Pradeep/ ( J. N. Singh,J.)