WRIT PETITION 5558 of 2012 on 31 December 2011

Dhananjay Kumar…....Petitioner

Versus

The State of Jharkhand & ors...... Respondents

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CORAM:HON’BLE MR. JUSTICE APARESH KUMAR SINGHFor the Petitioner: M/s Navin Kumar, Suraj KumarFor the Respondents: J.C. to G.P. V

I.A. No. 3435 of 2014

12/17.07.2014

The instant interlocutory application has filed by the petitioner submitting therein that during the pendency of the writ application, order contained in letter no. 2821 dated 4.7.2014(Annexure-I.A/1) has been issued by the Deputy Secretary, Drinking Water and Sanitation Department, Government of Jharkhand asking the petitioner to make deposit of a sum of Rs. 1,58,073/- as has been found to be paid in excess during his service period on account of wrong fixation of pay.

It is submitted that the petitioner has retired on 31.12.2011 from the post of Section Officer under the department and has preferred the instant writ application seeking payment of post retirement dues; quashing of the order by which the date of actual grant of 1st and 2nd A.C.P. was changed; and for grant of benefit of 3rd M.A.C.P as well. In such circumstances, during the pendency of the writ application, the order dated 4.7.2014 has been issued in the nature of recovery of an amount.

Learned counsel for the respondent- State does not dispute that such an order has been issued for deposit of the amount in question by the petitioner on the ground that he had been paid excess on account of wrong pay fixation during his service career.

In that view of the matter, the proposed amendments are permitted to be incorporated in the main writ petition.

I.A. No. 3435 of 2014 stands disposed of.

W.P.(S) No.5558 of 2012

Let an amended writ petition be filed incorporating the proposed amendments and also the amendments allowed earlier within the period of 2 weeks with copy to the other side. Learned counsel for the respondent- State are also at liberty to respond to the amended prayer thereafter within a

A. Mohanty

period of 3 weeks.

In the meantime, no recovery be made from the post retirement dues of the petitioner pursuant to the order dated 4.7.2014, as aforesaid.

(Aparesh Kumar Singh, J.)