RAJNI LAKHOTIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against withholding of her retiral benefits by the respondents and a direction to grant full gratuity amount to the tune of Rs.20,00,000.00 and earned leave of Rs.69,307.00 along with interest till the date of realization.

(2.) The petitioner was initially appointed as Medical Officer in the year 1987 and on the date of her superannuation on 31/1/2022 she was posted as General Specialist (Surgery) at District Hospital, Paota, Jodhpur.

(3.) On 5/2/2021, the Deputy Secretary of the Medical and Health Department issued a certificate regarding non-pendency of any departmental inquiry. On 23/3/2021, the petitioner received a notice from Principal Medical Officer, District Hospital, Paota, Jodhpur ('the PMO') inter alia with reference to a complaint dtd. 1/12/2020 indicating that though her husband was allotted Government accommodation and she was staying in the said Govt. accommodation, she has availed the benefit of House Rent Allowance from 18/12/2003 to 31/1/2021 and, therefore, why not a sum of Rs.20,69,307.00 be recovered from her gratuity/commutation/pension and in case she wants to deposit the same she was called upon to give her response within a period of 05 days and in case no response was given the same would be recovered ex-parte.