Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has prayed for quashing of the impugned order dated 30.03.2011 issued by the respondent no.2 whereby direction has been issued for recovery of an amount of Rs.75,936/- the excess salary paid to the deceased husband of the petitioner with effect from 01.03.1999 to 30.09.2003, and for direction of quashing of the impugned order dated 01.10.2011 issued by the respondent no.2 for further recovery of Rs.58,906/- on the ground of excess payment made from March 1989 to June 1999. The petitioner has further prayed for direction to the respondents to release the arrears of earned leave of 191 days amounting to Rs.15,7,721/- and for forthwith release of full and final family pension and other post retiral benefits and for direction to the respondent to release the recovered amount to the tune of Rs.75,936/ along with interest.
(2.) The challenge to the aforesaid impugned orders has been made, on the ground that the husband of the petitioner has been promoted and by virtue of the order passed by the competent authority to the post of Divisional Assistant he discharged duty to the said post of Office Superintendent and by virtue of the cancellation of the said promotion the respondent have passed orders of recovery of the so called excess amount where the promotion of the petitioner has not been done by virtue of any misrepresentation or fraud committed by the husband of the petitioner.
(3.) Learned counsel for the petitioner submits that while continuing in services no action was taken by the respondents nor any proceeding was initiated and after the death of the husband of the petitioner, the action of the respondent for recovery is not legally permissible. Learned counsel for the petitioner further submits that the act of the respondent authorities is highly arbitrary and unreasonable in view of the dictum of the Hon'ble Apex Court.;