BISWADIP BOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) The challenge in this writ petition is to the order dtd. 24/11/2021 directing recovery of the excess payment made to the petitioner towards additional increments and reducing/refixing the basic salary of the petitioner from Rs.52,000.00 to Rs.50,500.00.

(3.) It is the case of the petitioner that he was initially appointed on the post of Constable (Group - C) on 4/4/1987 with respondents and thereafter, he was promoted on the post of Assistant Sub-Inspector/ Railway Protection Force. He voluntarily superannuated from service with effect from 20/10/2021. The respondents without service of any show cause notice passed the impugned order dtd. 24/11/2021 and directed recovery of Rs.2,41,519.00 on the ground of making overpayment, from outstanding gratuity of the petitioner. It is further contention of the petitioner that the respondents have also issued the order dtd. 24/11/2021 fixing the last pay/level of the basic salary of the petitioner as Rs.50,500.00 instead of Rs.52,000.00. Being aggrieved, the petitioner made representations to respondent 2 - Senior Divisional Security Commissioner on 1/2/2022 and 14/6/2022, but respondent 2 has not redressed the grievance. Hence, being aggrieved, the petitioner filed the present petition.