STATE OF RAJASTHAN Vs. BIHARILAL SHARMA

JUDGEMENT

(1.) In SBCWP No.19460/2015:

(2.) The petitioner - State has preferred this writ petition in 2015 relating to an order passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur (hereinafter referred to as "the Tribunal") dated 11.04.2014 whereby the recovery directed against the respondent, who attained superannuation on 31.01.2002, has been set aside.

(3.) Learned counsel appearing for the State submits that the respondent had wrongly submitted an option form after the cut-off date i.e. 31.12.1988, which was placed by the Headmaster of the institution in connivance and in collusion with the respondent and the date was mentioned as 21.12.1988 on the option form and accordingly, the respondent's pay fixations were made. However, at the time of retirement, it was noticed that there was certain interpolations in the service book and accordingly, pay fixations were revised treating that the respondent had not submitted his option form. In view of the revision of the pay, the recovery orders were issued and therefore, the recovery could not be said to be illegal and unjustified and as the respondent was at fault, merely because he has retired, the recovery could not have been waived.