MD.NIYAMUDDIN Vs. RAJENDRA INSTITUTE OF MEDICAL SCIENCE

JUDGEMENT

(1.) THE present petition has been preferred because of the orders passed by Respondent No. 1, dated 3rd/4th of April, 2008, which are Annexures -3 and 3/1 to I the memo of petition whereby a sizeable amount has been ordered to be deducted from the pension of the petitioners, if the said amount is not paid by the petitioner.

(2.) IT is submitted by learned counsel for the petitioners that initially an order was passed by the very same respondent dated 3rd of December, 2004 (Annexure -2 to the memo of petition) to the effect that there are no dues against the petitioners to be realized by the respondent -State, but, the very same authority, after several years, is issuing Annexures -3 and 3/1, stating that respondent has to recover a sizeable amount from the petitioners at Rs. 12,634/ - and 13,092/ - respectively.

(3.) I have heard learned counsel appearing on behalf of the respondent who has submitted that petitioners cannot be allowed to retain the benefits which were wrongly given to the petitioners and, therefore, an amount which was wrongly paid to the petitioners, has been ordered to be deducted/adjusted and, therefore, petition deserves to be dismissed.