RAM BABU SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is filed under Article 226 of the Constitution challenging the action of the respondents in inflicting recovery from pension. In addition, it is prayed that petitioner's pension be fixed as Rs.9,640/ - per month. It is further prayed that gratuity to the tune of Rs. 5,47,173/ - be directed to be paid with interest.

(2.) SHRI Abhishek Sharma, learned counsel for the petitioner, submits that the respondents have decided to make recovery of Rs.3,44,056/ - by Annexure P/1 but no opportunity of hearing was given to the petitioner. The amount was paid to the petitioner without their being any misrepresentation of fact on the part of the petitioner. He submits that the pension and gratuity should have been fixed on the basis of documents (page 29).

(3.) PRAYER is opposed by Mrs. Sangeeta Pachauri. She submits that two advance increments were wrongly paid to the petitioner because of which a wrong fixation was made. On the basis of said wrong pay fixation, the petitioner continued to enjoy the benefits for decades. This wrong fixation is detected by Joint Director Treasury and Accounts by Communication dated 23.03.2013 which is recoverable. She opposed the relief claimed.