Decided on October 04,2016

Pravinbhai Kantilal Ganatra Appellant


N.V.Anjaria, J. - (1.) The petitioner is aggrieved by the action on part of the respondents in deducting the amount from his retiral benefits. By filing the present petition, he has prayed to set aside the said action, further sought to set aside, in that regard, order dated 04.04.2013 passed by Taluka Development Officer, Savarkundalathe third respondent herein. It is also prayed to set aside intimations dated 16.04.2013 and 26.04.2013. A direction is prayed for, to pay the retiral benefits, and to continue to pay regularly the pension on the basis of payscale of Rs.5500-9000. It is next prayed to deposit Rs.5,41,865/ which was the amount recovered.
(2.) The petitioner was appointed as Clerk with the Savarkundala Nagar Palika in August 1975, whereafter he came to be appointed as Assistant Teacher in the Nagar Shikshan Samiti on 18.07.1983. The petitioner was paid the salary in the scale of Rs.5000-8000 from 01.06.1996 and in the scale of Rs.5500-9000 from 01.06.1998. Presently, the petitioner is a retiree, having attained the age of superannuation on 30.06.2012, and retired on 31.10.2012 at the end of academic term.
(3.) Outlining the background facts, in the year 2002, the petitioner had an occasion to institute Regular Civil Suit No. 28 of 2002 against the District Primary Education Officer and others claiming promotion and related rights. In the said suit, settlement was arrived at. By Purshish dated 07.09.2002, the suit was withdrawn as the dispute was settled. The Nagar Prathmik Education Committee passed Resolution No.53, treating the petitioner as a Trainee Teacher on the subject of English in the scale of Rs.5500-9000. The said Resolution shows that as the petitioner was the only teacher in English subject on the establishment and was above the age of 45 years, it was resolved to grant trained grade to him. 3.1 Accordingly, by order dated 25.09.2002, the petitioner was sanctioned the pay of Rs.290/ from the date of his appointment, that is, from 16.08.1975. Further sanctioned for him was the revision of pay taken place from timetotime. A formal order of even date was also passed giving the petitioner a trained grade and thus, accordingly the trained category payscale of Rs.5500-9000. 3.2 The petitioner received the salary as above in the said scale of Rs.5500-9000 until he reached the age of retirement. It is his case that all of a sudden, he was intimated that the scale of Rs.5500-9000 was not granted but pay scale of Rs.5000-8000 was payable. An amount of Rs.5,41,865/ came to be abruptly deducted from the retirement benefit of the petitioner. Copy of the challan produced on record of the petition showed that the deduction was effected. The third respondentTaluka Development Officer passed order dated 04.04.2013 whereby it directed recovery of Rs.4,66,290/ from the amount of gratuity and Rs.75,575/ by surrendering amount, making aggregate recovery Rs.5,41,865/. It is on set of above facts that the petitioner has approached this Court by way of this petition.;

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