RAJESH KUMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the impugned order Annexure P/2 dated 6/3/2021, the present writ petition has been filed. Vide the said order, the respondents have ordered for recovery of an amount Rs. 1,70,749.00 from the gratuity amount payable to petitioner.

(2.) The facts in brief, are that the petitioner in the present writ petition was working as a Head Constable under the respondents. The petitioner stood retired from service on attaining the age of superannuation on 28/2/2021. The petitioner has taken voluntarily retirement from service. Subsequent to the petitioner having retired, the respondents have now issued the impugned order whereby they have ordered for recovery of an amount of Rs. 1,70,749.00 from the retiral dues of petitioner.

(3.) The decision for recovery is on the ground that while the petitioner was in service, he was granted certain erroneous fixation on account of which the petitioner had received excess amount which he was otherwise under service rules not entitled for. The contention of the petitioner assailing the action of recovery is that the decision of recovery of the said amount is per se bad-in-law in the light of the judgment of the Hon'ble Supreme Court in the case of "State of Punjab and Ors. etc. v. Rafiq Masih (White Washer) etc. [2015 AIR SCW 501] ", where such recoveries have been clearly held to be impermissible under law.