SURENDRA NATH TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY this petition, the petitioner seeks to challenge the legality and validity of the order dated 27-7- 2004 (Annexure - P/1) passed by the respondent No. 2 herein wherein recovery order for Rs. 38,470/- has been passed. The petitioner also seeks to challenge the legality and validity of the letter dated 5-6-2004 (Annexure - P/2).

(3.) PER contra, Ms. Ghai, learned Panel Lawyer appearing for the State, would submit that the circular dated 21-5-1999/9-6-1999, which provides for grant of benefit of 22-D of the FR to the Lecturers of Tribal Welfare Department, came into force in the month of June, 1999. Thus, granting benefit to the petitioner w.e.f. January, 1987 i.e. prior to issuance of circular dated 21-5-1999/9-6- 1999 was erroneous and on wrong interpretation of the circular. Learned Counsel relies on provisions of Rule 65 of the Chhattisgarh Civil Services (Pension) Rules, 1976, which provides that the recovery and adjustment of Government dues can be made from the retiring Government servant on cash deposit or by deducting from the gratuity amount.