A R GHOSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner seeks direction in the name of respondents to refund the amount Rs. 10,000/ - along with the interest and to include the service period from January 1, 1988 to September 30, 1988 in his service period while assessing the pension payable to the petitioner and consequent arrears arising out of the same. The petitioner has also prayed to allow the interest on the amount of gratuity, commuted value of pension and arrears of pension for the period from October 1, 1988 to January 1, 1995, as the same has been paid by a delay of more than six years.

(2.) THE contractual facts depicts that the petitioner ought to have been retired on December 31, 1987 by he was not superannuated on that date and he was allowed to continue in service till September 30, 1988. Since the period of service w.e.f. January 1, 1988 till September 30, 1988 was not counted for the purpose of pension and the deduction of Rs. 10,000/ - was made, the petitioner approached the respondents seeking redressal of his grievance. But no justice was done to him. It appears that the Executive Engineer, PWD, Ajmer forwarded the case of the petitioner to respondent No. 1 recommending for regularising the service of the petitioner from of the period of January 1, 1988 till September 30, 1988 and to decide about payment withheld by the respondent. The contention of the petitioner is that from the amount of gratuity Rs. 10,000/ - were withheld without providing any opportunity of hearing to the petitioner and the service of the period from January 1, 1988 till September 30, 1988 has not been computed for the purpose of pension payable to the petitioner.

(3.) I have pondered over rival submissions and carefully scanned the material on record.