SHAKUNTLA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has prayed for quashing of office order dated 20.4.2002 Annexure P-2 vide which deduction of Rs. 87,220/- ( sic Rs. 87,720/-) has been made, out of the amount of Rs. 1,71,225/- which was payable to the legal heirs of deceased Gurcharan Singh. The further prayer has been made for a direction to the respondents to pay the entire amount of Rs. 1,71,225/- alongwith interest at the rate of 18% per annum w.e.f. 3.8.1996 till payment.

(2.) The material facts of the case are that petitioner is widow of Gurcharan Singh who had served respondent No.2 as Whether the reporters of the local papers may be allowed to see the Judgment? Yes Section Officer. Gurcharan Singh died on 3.8.1996 while in service after rendering about 26 years of service. The petitioner was informed vide letter dated 20.4.2002 that a sum of Rs. 87,220-/ has been deducted and petitioner was paid Rs. 83,505/- out of total amount of Rs. 1,71,225/- which was due to Gurcharan Singh.

(3.) It has been alleged that no opportunity was given to the petitioner before making any deduction from the dues of her late husband nor any inquiry was held. The respondent No.2 has withheld balance amount illegally in violation of Articles 14,16 and 21 of the Constitution of India. The action of respondents in making deduction from the dues of her late husband is illegal. The deduction made is barred by laches. The respondent No.2 could not make deduction after the death of Gurcharan Singh after so many years. The respondent No.2 had not given any notice to the petitioner before making any deduction. The petitioner is entitled to receive entire amount of Rs. 1,71,225/- alongwith 18% interest.