J.P. KHANTWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) WITH the consent of the Counsel for the parties the matter is heard finally.

(2.) GRIEVANCE of the petitioner is that he retired as Assistant Superintendent from the office of Deputy Director, District Handlooms Office, Raipur (respondent No. 3) on 28-2- 2003, after serving the department for about 37 years. After retirement the department had fixed the anticipatory pension of the petitioner as Rs. 2,511 per month. However, to the utter surprise of the petitioner even dated orders of 20-12-2006 (Annexures P-7 and P-8) were served upon him by which his pension was stopped and recovery of Rs. 4,80,667 was ordered. The petitioner has also challenged the order dated 11-5-2006 (Annexure P-9) showing the details of recovery to be made from the petitioner which according to the petitioner has not been served on him.

(3.) ON the other hand, Counsel for the respondents/State submits that benefit of granting exemption from passing the Hindi Typing Test was wrongly granted to the petitioner, and therefore, he is not entitled to derive any benefit from the same. It is submitted that once the basic order granting benefit to the petitioner is wrong then the Government was not liable to give any show-cause notice to the petitioner before passing the order impugned and thus according to him the recovery as ordered is strictly in accordance with law.