P B NAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY preferring this petition under Article 226 of the Constitution of India, the petitioner has prayed that the order dated 15.11.2002 and letter dated 17.02.2003, issued by respondent No.2, insofar as they direct recovery of Rs.45,819/ - to be made from the pension and Gratuity of the petitioner, be quashed and set aside.

(2.) BRIEFLY stated, the facts of the case are that the petitioner was working as Senior Clerk under respondent No.2, Joint Director of Agriculture, Mehsana Division. He retired on superannuation on 31.03.2002, on the same post. By an order dated 15.11.2002, passed by respondent No.2, a fresh payfixation has been done and, consequently, recovery of excess amount has also been ordered by a letter dated 17.02.2003. The amount proposed to be recovered by the respondents is Rs.45,819/ - .

(3.) CONSEQUENTLY , the pension amount of the petitioner would also be refixed to his detriment. Aggrieved by the above action, the petitioner has approached this Court by way of the present petition.