BHARATI AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the orders dtd. 28/2/2008 (Annex.7), 17/3/2008 (Annex.8) and 18/3/2008 (Annex.9), whereby the respondents have ordered for refixation of petitioner's salary w.e.f. 1995; the refixation has been done and order for recovery of excess payment has been passed respectively.

(2.) It is submitted by learned counsel for the petitioner that though the petitioner has questioned the validity of order of refixation and the refixation made by the respondents, now the petitioner does not want to challenge the validity of the said orders. However, it is submitted that recovery of the amount from the petitioner's salary / retiral benefits, after passage of over 13 years from the date the entire amount was paid to the petitioner, is contrary to law laid down in the case of State of Punjab and Ors. v. Rafiq Masih (White Washer) : 2015 (2) WLC (SC) Civil 388, and therefore, the petitioner confines his petition to the recovery being made from her.

(3.) Further submissions have been made that on retirement of the petitioner on 30/9/2011, a NOC dtd. 13/12/2011 (Annex.A/1) was issued to the petitioner, wherein it was indicated that a sum of Rs.1,31,700.00 payable to the petitioner as gratuity be withheld. Though submissions have been made that the said action of the respondents was contrary to the interim order passed by this Court on 5/4/2010, which was later on confirmed on 30/5/2011, it is prayed that the respondents be directed to pay the amount withheld alongwith interest.