In Arun Kumar Pandey vs. The State of Bihar through Principal Secretary, Water Resources Department & Ors. (2025), Justice Arvind Singh Chandel of Patna High Court set aside impugned order dated May 13, 2023 which was passed after his retirement and the order dated December 22, 2022 which was passed just one week prior to his retirement, in the light of the decision in the case of State of Punjab & Others -Versus- Rafiq Masih (While Washer) & Others (2015) 4 SCC 334, both the orders are not sustainable. The order reads:"The respondents are directed to clear the entire admissible dues of the petitioner as early as possible preferably within one month from the date of receipt of a copy of this order with applicable interest. The writ petition is allowed.
The Court also relied on the decision in Thomas Daniel -Versus- State of Kerala, AIR 2022 Supreme Court 2153.
The judgement was delivered on April 29, 2025 by Justice Chandel.
The other respondents were: Chief Engineer, Sinchai Srijan, Water Resources Department, Siwan, District Magistrate, Siwan, Superintendent Engineer, Saran Canal Circle, Siwan, Treasury Officer, Siwan and Accountant General (A and E) Bihar.
The petitioner had prayed for quashing and setting aside the office order dated December 22, 2022 (whereby and where under just a week before retirement of the petitioner from the post of Steno-Typist, the annual increments already granted and paid to him with effect from May 24, 2011 was withdrawn/withheld and the amount already paid to him by way of annual increment with effect from May 24, 2011 was directed to be recovered and the pension of the petitioner was fixed on reduced scale.
The petitioner had also challenged the order dated May 13, 2023 issued by the Superintendent Engineer, Saran Canal Circle, Siwan, the respondent No 4 whereby the amount of Rs 12,95,753/- has been directed to be recovered from the pensionary benefits of the petitioner.
The petitioner was Group C employee of State Government and has joined his services in the year, 1984 and retired on December 31, 2022. He had passed the Hindi Noting and Drafting Examination in the year, 1986 and also passed the Departmental Accounts Examination in 2010. He was granted the first time bound promotion in 1995 and he also was granted the benefits of first, second and the third ACP by the competent authority with regular annual increments. Before retirement of the petitioner, fixation of his pay was done but immediately before one week from retirement on the basis of objection raised by the Accountant General, Bihar, the respondent No 4 issued the impugned order dated December 22, 2022. During pendency of this writ petition, respondent No. 4 has also passed an order of recovery of Rs 12,95,753.
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