ABDULRAHIM KHANMAMAD SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of the India with the following reliefs:-

(2.) Facts of the present petition in nutshell are that the petitioner was appointed as Assistant Teacher with effect from 6/1/1987 and he was retired voluntarily on 30/11/2007. It is the case of the petitioner that he started getting pension on the basis of 26 years service i.e. 21 years pensionable service plus 5 years notional service in case of voluntary retirement and after more than 4 years of his retirement, respondent No.3 wrote a letter to the petitioner informing him that five notional years were to be added for pensionable service, but the pension was not to be fixed by adding five increments. It is also the case of the petitioner that he was called upon to deposit Rs.1,42,494.00 which was paid as an excess amount of pension and, thereafter, the petitioner wrote a letter to respondent No.3 and pointed out that the administration had committed mistake in giving five notional increments and for the same, he was not responsible. It is also the case of the petitioner that an installment of Rs.4019.00 has been deducted from the pension of the petitioner for the month of January 2012 and again he requested respondent No.3 not to deduct any amount from pension and no order for deduction of installment was received by him and yet the amount was deducted. It is the case of the petitioner that in connection with the letter dtd. 8/2/2012, respondent No.3 conveyed the details of recovery of the petitioner.

(3.) Being aggrieved and dissatisfied with the impugned action on the part of the respondents, the petitioner has preferred the present petition.