ANURADHA CHOUDHURY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. M. Chanda, learned counsel for the petitioner. Also heard Ms. C. Deka, learned Addl. Sr. Govt. Advocate, Arunachal Pradesh. The petitioner, who has taken voluntary retirement from service with effect from 1.10.2011 has filed this writ petition making a grievance against the deduction of Rs. 24,294/- from the retirement gratuity. The petitioner has also prayed for release of the pensionary benefits including gratuity with interest @ 18% with effect from 1.10.2011. It is the case of the petitioner that the delay in finalizing the pension case of the petitioner being not attributable to her, the respondents are liable to pay interest on delayed payment. So far as the recovery of Rs. 24,294/- from the retirement benefit is concerned, in paragraph-11 of the writ petition it has been stated that the petitioner having not committed any fraud or mis-representation, which can be said to have forced the respondents to pay the said amount to the petitioner, the respondents are not entitled to recover the said amount, more particularly when the alleged excess payment is for the period from 1991 to 1998.

(2.) In the counter affidavit filed by the respondents on 11.09.2013, it has been stated that the recovery has been made when it was found on scrutiny of leave ledger and service book of the petitioner that there was wrong calculation in the same. Accordingly order for recovery of the aforesaid amount of Rs. 24,294/- was ordered as the petitioner was paid excess pay for 23 days.

(3.) By filing another affidavit today, it has further been contended that the claim of the petitioner for payment of pensionary benefits had been checked on several occasions and eventually to avoid any further complicacy, by order dated 20.9.2013, the GPF amount to the writ petitioner has been released deducting an amount of Rs. 9,409/-. Such deduction has been made on the probability of adjustment etc. It has also been stated that the amount would be refunded to the petitioner after getting required communications from the respective drawing and disbursing authority.