BASANTI MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition under Article 226 of the Constitution of India on 29. 09. 2003 against the respondents with a prayer that by an appropriate writ, order or direction the letter dtd. 30. 3. 2002 (Annex. 2) passed by the Joint Director, Agriculture by which the order dtd. 25. 6. 1994 (Annex. 1) by which the petitioner's husband was granted the benefit of 3rd selection grade on completion of 27 years of service w. e. f. 15. 11. 1993 taking into consideration his services from 15. 11. 1966 was withdrawn and order dtd. 3. 4. 2002 (Annex. 3), passed by Joint Director, Agriculture, Jodhpur by which recovery of a sum of Rs. 47, 777/- was ordered to be recovered from the amount of gratuity, be quashed and set aside.

(2.) IT arises in the following circumstances: i) That the petitioner's husband late Shri Prakash Mathur (hereinafter referred to as the deceased employee) was initially appointed on adhoc basis on 15. 11. 1966 and thereafter he was selected through RPSC in the year 1971 and was appointed on the post of Assistant Agriculture Officer, ii) Further case of the petitioner that the State Government prescribed selection grades on completion on 9, 18 and 27 years of service vide order dtd. 25. 1. 1992 and accordingly, the husband of the petitioner was granted the benefit of selection grade on completion of 27 years of service vie order dtd. 25. 6. 1994 (Annex. 1) taking into account his service w. e. f. 15. 11. 1966 in the pay scale of order dtd. 2200-4000. iii) Further case of the petitioner is that her husband died on 14. 11. 2001 and after death of late Shri Prakash Chandra, the benefit of selection grade granted to the husband of the petitioner on completion of 27 years of service was taken back by order order dtd. 30. 3. 2002 (Annex. 2 ). iv) Further case of the petitioner is that thereafter the through letter dtd. 3. 4. 2002 (Annex. 3) matter was forwarded to the Chief Accounts Officer for fixation and finalisation of the retrial benefits of husband of the petitioner and it was requested by the Joint Director that the recovery by made from the amount of gratuity now payable to the petitioner who is wife of the deceased employee. v) Further case of the petitioner is the matter was sent to the pension department for finalization of pension vide letter dtd. 27. 5. 2002 (Annex. 4) and it was requested that the recovery be made for a sum of Rs. 47, 777/ -. vi) Further case of the petitioner is that the said amount was deduced from the amount of gratuity and refixation was made and the selection grade allowed to the husband of the petitioner after completion of 27 years of service vide order dtd. 25. 6. 1994 (Annex. 1) was taken back. Hence, this writ petition with the aforesaid prayer.

(3.) THERE is also no dispute on the point that vide order dtd. 25. 6. 1994 (Annex. 1) on completion of 27 years of service the petitioner's husband was granted the benefit of 3rd selection grade taking into account his service w. e. f. 15. 11. 1966.