D.G.R. Patnaik, J. - (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application has prayed for a direction upon the respondents to fix and pay the pensionary benefit of the petitioner on the basis of the pay scale of Rs. 8,000/ - which was the last pay drawn by him during his service and not to make any recovery from the pensionary/terminal benefits of the petitioner. A further prayer has been made to direct the respondents to refund the recovered amount of Rs. 2,93,591/ -. The main questions which have been raised by the petitioner are: (i) Whether any recovery can be made from the pensionary/terminal benefits of the petitioner after his retirement without there being any finding of any misconduct in the departmental proceeding or criminal case against him. (ii) Whether the pension of the retired employee has to be fixed on the basis of the scale to which the petitioner was entitled to or on the basis of the last pay drawn by him ?
(3.) BOTH the above issues have, by now, been well settled by a catena of Judgments of the Supreme Court as well as Judgments of this Court to which I shall refer hereinafter but before that, a brief note of the petitioner's case would be necessary.;