PUKHRAJ BISSA Vs. THAT STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 21.2.2017 (Annex.3), whereby, the petitioner has been called upon to deposit a sum of Rs.80,881/- towards excess salary drawn by him for the period of 1.9.1996 to 31.8.2016 and it has been indicated that only on deposit of the said amount, his case for grant of pension would be forwarded.

(2.) The petitioner was working on the post of L.D.C. with the respondent No.2 - Municipal Board and retired from service w.e.f. 31.8.2016. The case of the petitioner for grant of pension was not processed and the order impugned dated 21.2.2017, calling upon the petitioner to deposit the amount, as noticed hereinbefore, was passed.

(3.) It is submitted by learned counsel for the petitioner that recovery of the amount for the period 1.9.1996 to 31.8.2016 i.e. for over a period of 20 years, is ex-facie illegal and cannot be sustained. It was submitted that the demand of deposit of amount is contrary to the law laid down by Hon'ble Supreme Court in the case of State of Punjab & Ors. v. Rafiq Masih (White Washer) & Ors . : 2015 (4) SCC 334 and, therefore, the order of deposit deserves to be quashed and set aside and respondents be directed to process the case of the petitioner for grant of pension.