I. J. TRIPATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of the instant petition, the petitioner is challenging the legality of the demand notice issued to the petitioner vide letter dtd. 28/12/2016 (Annexure P/1) whereby the petitioner was directed to deposit a sum of Rs.7,43,956.00 within a period of 7 days. It has further been directed to the petitioner to give undertaking/consent for recovery of the aforesaid amount from the amount of gratuity so as to finalize the gratuity amount.

(2.) Brief facts of the case as mentioned in the petition, are that the petitioner has retired as Assistant Director Agriculture, officiating at the office Deputy Director Korba on attaining the age of superannuation vide order dtd. 29/1/2016 (Annexure P/3). Respondent No.3 further issued letter dtd. 23/2/2016 (Annexure P/4) for payment of 90% of pension with dearness allowances payable time to time under Rule 74 of Civil Pension Rule 1976 till the final fixation of the pension. The said letter was also addressed to respondent No.4. Despite making several representations, respondent No.4 did not inform about any dues outstanding against the petitioner and deliberately decline to issue no dues certificate to him.

(3.) As the respondent department failed to release the retiral dues of the petitioner therefore, the petitioner had no option except to approach before this Court for redressal of his grievances and he filed writ petition i.e. W.P.S. No. 5830/2016 pleading malafide action of respondent No.4 in delaying the payment of retiral dues and the same was disposed of with a direction to consider the representation within 45 days vide order dtd. 24/10/2016. Respondent No.4 inspite of issuing no dues certificate in favour of petitioner, issued the details of dues outstanding against him during his service period as per Annexure P/2 dtd. 23/9/2016.