SANJEEV PRAKASH SHARMA,J. - (1.) In SBCWP No.19460/2015:
(2.) The petitioner - State has preferred this writ petition in 2015 relating to an order passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur (hereinafter referred to as "the Tribunal") dated 11.04.2014 whereby the recovery directed against the respondent, who attained superannuation on 31.01.2002, has been set aside.
(3.) Learned counsel appearing for the State submits that the respondent had wrongly submitted an option form after the cut-off date i.e. 31.12.1988, which was placed by the Headmaster of the institution in connivance and in collusion with the respondent and the date was mentioned as 21.12.1988 on the option form and accordingly, the respondent's pay fixations were made. However, at the time of retirement, it was noticed that there was certain interpolations in the service book and accordingly, pay fixations were revised treating that the respondent had not submitted his option form. In view of the revision of the pay, the recovery orders were issued and therefore, the recovery could not be said to be illegal and unjustified and as the respondent was at fault, merely because he has retired, the recovery could not have been waived. Per contra; learned counsel appearing for the respondent submits that the option was duly submitted and has been incorporated in the service book. So far as marking in the service book is concerned, the same cannot be attributed to the respondent as he has never been given any notice in this regard. Service book remains with the Headmaster of the concerned school and entries have been made by the concerned Headmaster in his service book, which reflects that the option was submitted in time on 21.11.1988 and accordingly, the respondent's pay was revised from the date when he had sought option i.e. 21.11.1988. Thus, there was no occasion to revise the respondent's pay and allowance after he had retired from the service and no recovery could have been effected against the respondent. Learned counsel also submits that no inquiry has been conducted in this regard nor any show cause notice was ever issued to the respondent. Learned counsel supports the order passed by the Tribunal dated 11.04.2014 in this respect. ;