- (1.) BY Court: The petitioner has approached this Court seeking quashing of the order dated 16.05.2012, whereby an amount of Rs.40,337/ - has been recovered from the amount of gratuity which was payable to the petitioner.
(2.) THE brief facts of the case as disclosed in the writ petition are that, the petitioner was appointed on 12.11.1971 and he superannuated from service on 30.06.2011. The respondent -State of Jharkhand issued a letter dated 24.08.2011, whereby a detailed calculation of the pensionary benefits of the petitioner was sent to the office of the Accountant General. In the said letter, the amount of gratuity has been mentioned as Rs.5,44,639/however, by the impugned payslip dated 16.05.2012, the amount of Rs.40,337/has been deducted from the gratuity so calculated and sanctioned by the State of Jharkhand and therefore, the petitioner has approached this Court by filing the present writ petition. A counter affidavit has been filed in which a plea has been taken that since the school, in which the petitioner was working, was granted permanent recognition w.e.f. 01.01.1973 and therefore, the amount of Rs.40,337/was paid in excess of the amount of gratuity payable to the petitioner.
(3.) HEARD the counsel appearing for the parties and perused the documents on record.;