GANPAT MAL SURANA Vs. JVVNL AND OTHERS

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner assails the action of the respondents in recovering a sum of Rs.79,420.00 form his retiral benefits

(2.) Facts in brief are that the petitioner was employed in the respondent JWNL and superannuated on 31.7.2011. It is claimed that to the utter surprise of the petitioner, while issuing the PPO to the petitioner, the respondents deducted a sum of Rs.79,420.00from the gratuity amount without any notice or intimation. The petitioner submitted representations as well as a legal notice to the respondent authorities against their illegal and arbitrary action, however the representations and the prayers to cancel and reverse the recovery effected from the petitioner's retiral benefits met deaf ears and hence, the petitioner has approached this Court by way of the instant writ petition assailing the action of the respondents in deducting the sum of Rs.79,420.00 from his retiral benefits.

(3.) The respondents have filed a reply to the writ petition claiming that the amount of Rs.79,420.00 was deducted from the petitioner's retiral benefits because the petitioner had been given inadvertent benefits of increment from a wrong date as well as leave without pay beyond his entitlement. The excess amount which was paid inadvertently to the petitioner was rightfully deducted from his retiral benefits. It is specifically mentioned in the reply that due to a bona fide mistake committed by the respondents and wrong fixation of the pay, the annual increment which fell due to the petitioner from 2.4.1983, was released from 1.4.1982 contrary to the service rules and when the bona fide mistake come to light, the same was rectified and recovery effected.