- (1.) The present petition has been filed with the following prayers:-- (i) For quashing of order of punishment as contained in memo No. 54 dated 3.1.2012 whereby and whereunder the Respondent No. 3 has directed for recovery of Rs. 1,30,856/- from the pension/gratuity of the Petitioner; as being illegal, unconstitutional, arbitrary, mala fide, cryptic, unreasoned and has been passed without initiating any proceedings and against the principles of natural justice and service jurisprudence. (ii) For a direction upon the concerned Respondents to refund/repay to the Petitioner the already deducted amount of Rs. 10,000/- in the month of January 2012 and Rs. 10,000/- in the month of February 2012. (iii) For a direction upon the concerned Respondents to make payment of final pension (in the revised pay scale) as well as gratuity alongwith statutory interest in view of the order and direction dated 22.4.2008 passed in Cont. Case (Civil) No. 546 of 2007. (iv) For payment of adequate cost and compensation to be paid to the Petitioner by the Respondents in the facts and circumstances of this case. (v) For any other reliefs to which the Petitioner is legally entitled to in law and equity. The brief facts of the case are that, the petitioner was posted as Assistant Store-keeper at P.T.P.S., Patratu and he was served a notice of superannuation dated 29.1.2005 and accordingly, he superannuated from service with effect from 30.6.2005. The petitioner was paid 90% of his pension however, as the remaining retiral benefits were not paid, the petitioner moved this Court in W.P. (S) No. 6748 of 2005 which was disposed of by order dated 29.3.2006 with a direction to the respondents to release the admitted retiral dues of the petitioner, legally payable to him, together with interest within a period of two months from the date of receipt/production of a copy of the order. Since the order dated 29.3.2006 was not complied by the respondents, the petitioner preferred Cont. Case (Civil) No. 546 of 2007 which was disposed of by order dated 22.4.2008 with a direction to the respondents to make payment of final pension and gratuity with statutory interest, within a period of 2 weeks.
(2.) By order dated 3.1.2012 an order for recovery of Rs. 1,30,856/- from the pension/gratuity of the petitioner, has been made and therefore, the petitioner has approached this Court by filing the present writ petition.
(3.) Heard learned counsel appearing for the parties and perused the documents on record.;