NAIN SINGH Vs. RSRTC AND ORS.

JUDGEMENT

(1.) THE instant writ petition has been preferred by the petitioner Nain Singh assailing the legality and validity of the order (Annex.5) dated 23.7.2008 passed by the Chief Production Manager, RSRTC Central Workshop, Jodhpur whereby, it was directed to effect a recovery of certain sum of money from the petitioner's retiral benefits viz. gratuity under exercise arising out from an alleged rectification of pay scales. The petitioner was retired from the services of the respondent corporation w.e.f. 31.1.2008 from the post of Artisan Gr.I by an order dated 14.6.2007 issued by the Manager Administration with a note that no departmental inquiry was pending against the petitioner as on the date of his retirement. It is asserted in the writ petition that the petitioner was entitled to receive all retiral benefits i.e. gratuity, PF, Pension etc. in reference to his last drawn salary and no reduction or recovery is permissible from these amounts after the petitioner's retirement for any reason whatsoever as no stigmatic allegation was levelled against the petitioner during his entire service period.

(2.) LEARNED counsel for the petitioner placed reliance on the decision rendered by this Court in the case of "Bhagwan Bharati v. The RSRTC & Anr." passed in S.B. Civil Writ Petition No. 9564/2008 decided on 25.7.2012 and urged that the proposed action of the respondent authorities in attempting to recover a certain sum of money from the petitioner's post retiral benefits, to be specific, his gratuity under the so called exercise of rectification of pay scales is totally unjustified and therefore, the impugned order (Annex.5) whereby, such rectification was attempted to be effected is liable to be quashed.

(3.) HEARD and considered the arguments advanced at the bar. Perused the material available on record.