KAJOD MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The moot issue involved in both the above writ petitions is pertaining to non-release of pension despite the petitioner having superannuated on 31/07/2017 and further for quashing and setting aside the order impugned dtd. 29/05/2018 by which recovery to the tune of Rs.3,56,995.00 has been ordered to be made from pension of the petitioner. Thus, both these writ petitions are being decided by this common order.

(2.) As per the petitioner, he joined services of the respondent- department on 01/02/1979. He was made semi-permanent on 01/04/1982 and then permanent on 01/02/1989. He was thereafter promoted on 01/04/1994 and was granted I and II Selection Scales on 16/04/1994 and 01/04/2000 respectively. He was superannuated as Driver on 31/07/2017.

(3.) It is contended that when his pensionery benefits were not released even after lapse of 9 months of superannuation, he filed above writ petition numbering 10528/2018 wherein notices were issued and soon thereafter vide order impugned dtd. 29/05/2018, recovery was ordered to be made to the tune of Rs.3,56,995.00 from his pension stating that on re-fixation of pay, it was found that during the period from 01/04/2000 to 31/12/2016, excess salary to the tune of Rs.3,56,995.00 was released to the petitioner and being aggrieved of the same, he filed the second writ petition numbering 12507/2018.