GAUHATI HIGH COURT ISSUES ORDER ON JAHINDRA BRAHMA V/S THE STATE OF ASSAM AND 5 ORS

GUWAHATI, India, June 2 -- Gauhati High Court issued the following order on April 30:

1. Heard Mr. A. K. Hussain, learned counsel for the petitioner. Also heard Mr. R. R. Gogoi, learned Standing Counsel, Forest for the respondent Nos. 1 & 4; Mr. A. Baruah, learned Standing Counsel, AG for the respondent No. 3; and Mr. A. Chaliha, learned Standing Counsel, Finance for the respondent No.6.

2. The present writ petition raises a short but important question regarding the legality of recovery of alleged excess payment of gratuity from the pensionary benefits of a retired employee.

3. The brief facts of the case is that the petitioner was appointed as Forest Range Officer on 02.05.1976. He retired from the service on 30.10.2011 as Assistant Conservator of Forests (ACF).

4. Initially, by an order dated 11.07.2019, the petitioner was paid DCRG amounting to Rs. 6,76,253/- (Rupees six lakhs seventy-six thousand two hundred fifty-three only). Thereafter, by an order dated 28.09.2020, the pension of the petitioner was revised. Upon revision, a further amount of Rs. 1,54,341/- (Rupees one lakh fifty-four thousand three hundred forty-one only) was released to the petitioner, making the total gratuity amount of the petitioner to Rs. 8,30,594/- (Rupees eight lakhs thirty thousand five hundred ninety-four only).

5. Since the benefits entitled to him was denied, he filed writ petition being WP(C) No. 1511/2020 seeking direction for promotional and financial benefits, consequential arrears, and re-fixation of pension amounts. During pendency of WP(C) No. 1511/2020, the petitioner was retrospectively promoted to the rank of Deputy Conservator of Forests (DCF) w.e.f. 26.11.2010 by order dated 17.08.2022. Subsequently, pursuant to direction of this Court dated 24.08.2022, passed in WP(C) No. 1511/2020, the respondent authorities had worked out and recalculated the pensionary benefits and released the dues.

6. However, by impugned order dated 26.12.2022, the respondent No. 3 directed recovery of Rs. 1,30,594/- (Rupees one lakh thirty thousand five hundred ninety-four only) from the petitioner on the ground of "excess payment" of gratuity, to be adjusted from pensionary benefits.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpAnJbCKkZdNqyTVV1nWpU9YPMJMWWMIa0svw4sXwwoA9&caseno=WP(C)/3144/2023&cCode=1&cino=GAHC010116822023&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.