GOPAL KRISHNA SHARMA Vs. NEW INDIA ASSURANCE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-

(2.) Learned counsel for the petitioner submits that initially the petitioner's husband was appointed on the post of Assistant Teacher in the year 1985. Thereafter, on 31/10/2017, petitioner's husband (original petitioner) was retired from the post of Assistant Teacher which is class-III post. When the case of petitioner's husband (original petitioner) was sent for pension settlement on the work of the retirement then at that time, Joint Director, Treasury raised objected for recovery on account of approved pay fixation. Thereafter, amount of Rs.2,03,698.00 was recovered from the gratuity of the petitioner's husband.

(3.) Learned counsel for the petitioner further submitted that the original petitioner was Assistant Teacher i.e. Class-III post and the impugned recovery order has been issued without any notice or any opportunity of hearing and original petitioner has not misrepresented any point of time. An amount of Rs.2,03,698.00 has been directed to be recovered and the petitioner was not responsible for wrong pay fixation. On the aforesaid ground, counsel for the petitioner prays for quashment of impugned recovery. He relied upon the Full Bench decision of this Court in the case of State of Madhya Pradesh and others Vs. Jagdish Prasad Dubey, (2024) 2 M.P.L.J.198.