GARG, J. - (1.) THE petitioner has filed the present writ petition under Article 226 of the Constitution of India on 29. 09. 2003 against the respondents with a prayer that by an appropriate writ, order or direction the letter dtd. 30. 3. 2002 (Annex. 2) passed by the Joint Director, Agriculture by which the order dtd. 25. 6. 1994 (Annex. 1) by which the petitioner's husband was granted the benefit of 3rd selection grade on completion of 27 years of service w. e. f. 15. 11. 1993 taking into consideration his services from 15. 11. 1966 was withdrawn and order dtd. 3. 4. 2002 (Annex. 3), passed by Joint Director, Agriculture, Jodhpur by which recovery of a sum of Rs. 47, 777/- was ordered to be recovered from the amount of gratuity, be quashed and set aside.
(2.) IT arises in the following circumstances: i) That the petitioner's husband late Shri Prakash Mathur (hereinafter referred to as the deceased employee) was initially appointed on adhoc basis on 15. 11. 1966 and thereafter he was selected through RPSC in the year 1971 and was appointed on the post of Assistant Agriculture Officer, ii) Further case of the petitioner that the State Government prescribed selection grades on completion on 9, 18 and 27 years of service vide order dtd. 25. 1. 1992 and accordingly, the husband of the petitioner was granted the benefit of selection grade on completion of 27 years of service vie order dtd. 25. 6. 1994 (Annex. 1) taking into account his service w. e. f. 15. 11. 1966 in the pay scale of order dtd. 2200-4000. iii) Further case of the petitioner is that her husband died on 14. 11. 2001 and after death of late Shri Prakash Chandra, the benefit of selection grade granted to the husband of the petitioner on completion of 27 years of service was taken back by order order dtd. 30. 3. 2002 (Annex. 2 ). iv) Further case of the petitioner is that thereafter the through letter dtd. 3. 4. 2002 (Annex. 3) matter was forwarded to the Chief Accounts Officer for fixation and finalisation of the retrial benefits of husband of the petitioner and it was requested by the Joint Director that the recovery by made from the amount of gratuity now payable to the petitioner who is wife of the deceased employee. v) Further case of the petitioner is the matter was sent to the pension department for finalization of pension vide letter dtd. 27. 5. 2002 (Annex. 4) and it was requested that the recovery be made for a sum of Rs. 47, 777/ -. vi) Further case of the petitioner is that the said amount was deduced from the amount of gratuity and refixation was made and the selection grade allowed to the husband of the petitioner after completion of 27 years of service vide order dtd. 25. 6. 1994 (Annex. 1) was taken back. Hence, this writ petition with the aforesaid prayer. The main submission of the learned counsel for the petitioner is that the since recovery has been made without following the principle of natural justice and further more while granting the selection grade on completion of 27 years of service to the husband of the petitioner through order dtd. 25. 6. 1994 (Annex. 1), there was no fault on the part of the deceased employee and it was granted by the respondent themselves and further since deceased employee was in service since 15. 11. 1966, therefore, selection grade was rightly granted to the petitioner's husband on completion of 27 years of services, as on 15. 11. 1993 the deceased employee had completed 27 years of service and period of service for grant of selection grade should be counted from the date of initial appointment i. e. 15. 11. 1966 and not from the date of passing of test conducted by RPSC i. e. from 29. 5. 1971. Reply to the writ petition was filed by the respondents and their case is that since deceased employee was selected regularly by RPSC on 29. 5. 1971, therefore, he had not completed the service of 27 years before 1. 9. 1998 and therefore, he was not entitled to get selection grade on completion of 27 years of service on 15. 11. 1993 and when excess payment had been made to the deceased employee on account of grant of selection grade wrongly, the respondents had rightly passed the impugned order dtd. 30. 3. 2002 (Annex. 2) and order dtd. 3. 4. 2002 (Annex. 3) by which the excess amount paid to the deceased employee was deducted from the amount of gratuity and hence no case, the writ petition be dismissed. Heard. There is no dispute on the point that the husband of the petitioner was initially appointed as Assistant Agriculture Officer on adhoc basic on 15. 11. 1966 and thereafter he was selected by RPSC in the year 1971 and he was appointed on the post of Assistant Agriculture Officer under the respondent- Department.
(3.) THERE is also no dispute on the point that vide order dtd. 25. 6. 1994 (Annex. 1) on completion of 27 years of service the petitioner's husband was granted the benefit of 3rd selection grade taking into account his service w. e. f. 15. 11. 1966. There is also no dispute on the point that the deceased employee had died on 14. 11. 2001. There is also no dispute on the point that the impugned order dtd. 30. 3. 2002 (Annex. 2) was passed by the respondents after death of the deceased employee by which the order dtd. 25. 6. 1994 (Annex. 1) by which the deceased employee was granted selection grade on completion of 27 years of service w. e. f. 15. 11. 1993 was withdrawn and the excess amount to the tune of Rs. 47777/- which were paid to the deceased employee were ordered to be recovered from the amount of gratuity of the petitioner's husband. ;