JATIN CHANDRA SHARMA Vs. OIL INDIA LTD

JUDGEMENT

(1.) Mr. K.K. Mahanta, learned Senior Counsel assisted by Mr. K.M. Mahanta, learned counsel for the petitioners. Also heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. K Kalita, learned counsel for the Oil India Limited.

(2.) The petitioners are aggrieved by the order dtd. 14/6/2017, by which an amount of Rs.23,97,895.00 is sought to be recovered from the retirement dues of the husband of the petitioner No. 1.1, on the ground that the husband of the petitioner No. 1.1 had overstayed in service by 1 (one) year. The petitioners' case is that the husband of the petitioner No. 1.1 joined as a Clerk/Typist in the establishment of the respondent no.3 on 16/10/1990, on the basis of a judgment dtd. 13/8/1990, passed by this Court in Civil Rule No.1083/1988.

(3.) The husband of the petitioner No. 1.1, in the Bio-Data Proforma made at the time of entry into service had recorded his date of birth to be 1/3/1956 and as such, should have retired on 28/2/2016. However, the husband of the petitioner No. 1.1 retired one year later on 28/2/2017.