VASANT LAXMANBHAI PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr.Ishan G. Joshi, learned Assistant Government Pleader waives service of notice of Rule for and on behalf of the respondent - State.

(2.) In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 28.02.2018, by which, an amount of Rs.95,402/- has been adjusted from the pensionary dues of the petitioner and the payment of pension has been made after deduction of such an amount.

(3.) The brief facts as indicated in the petition are that the petitioner was appointed as Library Clerk on 05.12.1989. He retired on superannuation on 28.02.2018. The case of the petitioner is that during the course of his service tenure, fixation of pay was done from time to time on account the petitioner was being given the benefits of higher pay-scale as well as pay revisions namely; 5th, 6th and 7th pay commissions respectively. An amount of Rs.95,402/- has been recovered from the petitioner and though the petitioner retired on superannuation from February, 2018, pensionary benefits were finalized and paid approximately 7 months after the petitioner retired. The order of recovery from pension as well as delay in payment of terminal benefits are, therefore, the subject matter of challenge in this petition.