SUMAN RAM DHERHE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, petitioner calls in question the order impugned dtd. 24/09/2015 (Annexure P/3) passed by the High Power Retiral Dues Committee (Pension Dispute Redresser Committee) by which petitioner's representation has been rejected and recovery of Rs.1,16,273.00 deducted from his gratuity has been held to be legal.

(2.) Mr. Deepak Jain, learned counsel for the petitioner, would submit that the amount of Rs.1,16,273.00 deducted from petitioner's gratuity holding that from 01/01/1986 to 31/07/2007, excess amount has been paid to the petitioner, which is absolutely illegal and as such, the impugned order is liable to be set aside. He would rely upon the decision rendered by the Supreme Court in the matter of State of Punjab v. Rafiq Masih (White Washer) 2015 (4) SCC 334 to buttress his submission.

(3.) However, Mr. Amrito Das, learned Additional Advocate General, would submit that by virtue of Rule 65(2) of Chhattisgarh Civil Services (Pension) Rules, 1976, the amount of Rs.1,16,273.00 has rightly been deducted from petitioner's gratuity and no fault can be found in the impugned order, as such, the writ petition deserves to be dismissed.