RADHEYSHYAM SUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant application has been filed by the petitioner seeking clarification of the order dt.17-1-2017 passed by this Court.

(2.) The writ petition was filed by the husband of the deceased Chandrakanta Sharma who was in service and there was a dispute in reference to her date of birth recorded in the service book and finally the controversy was put to rest and it was held that her date of birth recorded in the service book to be taken note of for all practical purposes was 1-11-1943 and she should have been retired from service on attaining the age of superannuation on 31- 10-2001 and this fact is not disputed that she has served the respondent-institution upto 29-9-2003 for almost 23 months over the period of her superannuation and it also remain indisputed that the authorities initiated recovery proceedings from the deceased employee for the alleged excess payment made to her of the period she worked for 23 months vide order dt.20-9-2003 and that came to be set aside by the Service Appellate Tribunal in Appeal No.2386/2003 vide order dt.14-8-2013 and the order of the Tribunal was never the subject matter of challenge and that has attained finality. The husband of the deceased approached this Court by filing of a writ petition for grant of interest & other ancillary benefits for the period in dispute which has been decided by this Court vide order dt.17-1-2017.

(3.) Sh. K.C. Sharma Adv., appearing for the petitioner has brought to the notice of the Court that as per the First Pension Inner Report prepared by Government of Rajasthan the gross amount which was payable to her was Rs.11, 54, 933/- but after making deduction of Rs.2, 64, 775/- a sum of Rs.7, 18, 684/- was paid to her towards her terminal benefits.