THOKCHOM INDRAKUMAR SINGH Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) Heard Mr. Ch. Robinchandra, learned counsel appearing for the petitioner, Mr. S. Suresh, learned counsel appearing for the respondent No. 1 and Mr. Phungyo Zingkhei, learned Deputy GA appearing for the respondents No. 2 and 3. In the present writ petition, the petitioner is challenging the gratuity payment order dtd. 23/1/2018 issued by the Office of the Accountant General (A&E), Manipur ordering for recovery of a sum of Rs.46,075.00 from the gratuity payable to the petitioner allegedly on account of over-payment of pay and allowances to the petitioner and also praying for issuing a direction to the respondents to refund the said deducted gratuity amount of Rs.46,075.00.

(2.) The case of the petitioner is that the petitioner retired from service as UDC in the Youth Affairs and Sports Department, Government of Manipur, on attaining the age of superannuation w.e.f. 31/10/2017. After the retirement of the petitioner, the Office of the Accountant General, Manipur, issued a gratuity payment order dtd. 23/1/2018 for payment of a sum of Rs.5,97,045.00 as retirement gratuity as admissible under the Manipur Civil Services (Pension) Rules, 1977. In the said order, it was also mentioned that a sum of Rs.46,075.00 on account of overpayment of pay and allowances may be recovered.

(3.) Mr. Ch. Robinchandra, learned counsel appearing for the petitioner submitted that the petitioner is entitled to enjoy the full gratuity amount of Rs.5,97,045.00 as he never committed any act of misconduct during his service career. It has also been submitted that if there was any fault on the part of the petitioner regarding drawing of his monthly pay and allowances, the concerned authorities should have informed him in time to rectify such mistake and that if the petitioner had drawn some excess amount due to the miscalculation by the authorities without any fault on his part, the authorities are not permitted to recover the excess withdrawn amount from his retirement gratuity amount and the concerned authorities should not be permitted to take advantage of their own mistakes.