DR.RAJENDRA PRASAD SINHA Vs. RAJENDRA AGRICULTURE UNIVE

JUDGEMENT

(1.) The present writ petition has been filed for quashing of the letter no. 3070 dtd. 6/12/2010 issued by the Comptroller, Rajendra Agricultural University, Bihar, Pusa, Samastipur whereby and whereunder recovery has been sought to be made from the pension being granted to the petitioners herein. It is further prayed for quashing of the office order no. 471 dtd. 30/3/2011 issued by the Regional Director, Agricultural Research Institute, Bihar Agricultural University, Sabour, Bhagalpur which is a consequential order whereby and whereunder recovery has been sought to be made.

(2.) The law on the subject matter under consideration is no longer res integra inasmuch as the Hon'ble Apex Court in cases reported in 2009 (3) SCC 475 (Syed Abdul Quadir Vs. State of Bihar) and 2015 (4) SCC 334 (State of Punjab vs. Rafiq Masih) has already held that no recovery can be made from the employees, who have retired. The relevant paragraphs of the judgment rendered by the Hon'ble Apex Court in the case of Sate of Punjab (supra) are reproduced hereinbelow:-

(3.) Having regarding to the submission made by the learned counsel for the parties as also keeping in mind the facts and circumstances of the present case, the writ petition is allowed and the impugned orders as contained in letter no. 3070 dtd. 6/12/2010 and the one contained in office order no. 471 dtd. 30/3/2011 are quashed.