PROTIK PRAKASH BANERJEE,J. - (1.) Affidavit of service filed in Court today be kept on record. Despite service the State has not appeared. Mr. Siddiqui, learned advocate who is empanelled in category 'C' of the learned advocates who appears for the State, is requested to accept a further service of a copy of the writ petition. He represents the State. The learned Government Pleader is requested to regularize his appointment.
(2.) Mr. Siddiqui submits that the earlier judgments were passed without considering that under the provisions of ROPA, 2009 when an employee puts his pension papers, he was required to give an undertaking that if any sum is found to have been overpaid to him or overdrawn by him, the same can be adjusted from his retirement benefits even otherwise by way of disciplinary proceedings which was not the case in 2004-05 when the Appellate Court decided the matters.
(3.) I have considered such submission. In view of several orders of the coordinate Bench I choose to overrule the objection.;