NATHABHAI CHATURBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner who is a retired Class -III employee has filed this petition under Article 226 of the Constitution of India for following prayers: -

(2.) THE case of the petitioner is that he was appointed as Vaccinator on 9.10.1962 and promoted to the post of Sanitary Sub Inspector from 6.1.1964 and lastly promoted to the post of Sanitary Inspector from 19.6.1965. He was granted selection grade from 18.6.1985. The State of Gujarat introduced a scheme of higher grade scale by resolution dated 5.7.1991 which was later on modified by resolution dated 16.8.1994. As stated in the petition, the petitioner was also granted benefit of higher grade scale. The petitioner retired after enjoying such benefits on 31.3.2001. However, immediately before the petitioner retired, the respondents recovered amounts of Rs.945/ -, Rs.21,384/ - and further recovered Rs.21,739/ - after his retirement by deducting from his gratuity amount on the ground that the petitioner was not entitled to such amounts and since payment was made in excess of entitlement of the petitioner, the petitioner was required to refund such amounts.

(3.) THE petitioner has stated that the petitioner refunded such amount under compulsion as the petitioner wanted his pension benefit released.