DHYABHAI SUNDERBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner is praying for quashing and setting aside the order dated 15.05.2015 passed by the respondent No.2 directing to recover an amount of Rs.93,528/- from the pension of the petitioner, who is retired on 31.03.2005. Thus, the aforesaid recovery order has been passed after a period of ten(10) years putting the petitioner, who is a senior citizen in legal jeopardy, constraining him to file this writ petition that too without giving any opportunity of hearing to him.

(2.) Learned advocate Mr.Jani for the petitioner has submitted that such recovery is impermissible in view of the law enunciated by the Apex Court in case of State of Punjab Vs. Rafiq Masih (White Washer), 2015 4 SCC 334 as well as the decision of the Division Bench of this Court dated 17.07.2019 passed in Letters Patent Appeal No.1400 of 2019.

(3.) Learned Assistant Government Pleader Mr.Ishan Joshi has submitted that the recovery was affected due to the re-fixation of the pay scale of the petitioner from 1992. However, he is unable to dispute that the aforesaid order is passed without affording opportunity of hearing to the petitioner.