DURGA SHANKAR DUBE Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner was initially appointed on the post of Peon with effect from 01.07.1972 for a period of two years. The said appointment was made by way of recommendations and the decisions taken by the Municipal Council, Badwah, vide resolution dated 28.05.1973. The said appointment was for a period of two years probation. Thereafter, the petitioner was confirmed on the said post on 12.08.1981 which is reflected from the entries in the service book of the petitioner which is filed as Annexure- P/2. During the service he was promoted and thereafter he was retired from the post with effect from 31.12.2008 after attaining the age of superannuation. After retirement the petitioner was granted pension @ Rs.4419/- per month and then suddenly the pension was stopped from the month of February 2010. On necessary enquiry, it was found that for the recovery of amount of Rs.13,257/-, the petitioner was not paid the pension for the period that is from February 2010 to April 2010. The petitioner has submitted representation for the release of his pension. Vide letter dated 29.07.2010, the respondents has treated the services of the petitioner for releasing the pension with effect from 03.10.1978. Being aggrieved by the recovery of the pension, the petitioner has preferred the present writ petition.

(2.) That, in reply learned counsel for the respondents submits that the petitioner was appointed on the post of Peon on 01.07.1972 but he was confirmed on 03.10.1978, therefore, his services are liable to be counted for the purposes of releasing the pension from the year 1978 and hence the respondents has rightly recovered the excess amount made to the petitioner of Rs.13,257/-.

(3.) I have heard both the learned counsel for the parties.