PATNA, India, July 9 -- Patna High Court issued the following judgment on July 3:
Heard learned counsel for the parties.
2. The petitioner has filed this writ petition with the following relief(s):
"1. That, the petitioner seeks the following reliefs:-
(i) For issuance of an appropriate Writ/Writs in the nature of Mandamus Commanding and directing the Respondent to quash the letter No.- 1960 dated-22-06-2022 issued by respondent District Programme Officer(Establishment), Sitamarhi by which Rs.5,52,789/= has been ordered to recovered from the petitioner and deduced from Gratuity amount.
ii) Further for direction to the respondent to fix salary Rs. 72,100/-and accordingly with all pensionary benefit and monthly pension on treating last pay drawn by the petitioner Rs. 72,100/-in place of 66,000/=
(ii) Further for direction to the respondent to revise the pension paper order in PPO No.202211131392Po, dated-28-03-2022 by which pension of the petitioner has been fixed Rs.33,000/-in place of Rs.36050/= and pay arrears of monthly pension w.e.f. February, 2022. Petitioners last pay scale on the date of retirement was Rs. 72100/= and as such he is entitled to get all pensionary benefit on that very pay scale.
Without any rhyme and reason and without any Notice, the respondent has recovered Rs.5,52,789/=and reduced the pension against the Principle of Natural Justice. (iv) For any other relief/reliefs for which the petitioner is entitled to receive in the facts and circumstances mentioned above."
3. The petitioner, who retired on 31.01.2022 from the post of Assistant Teacher from Middle School Makhnaha, Belsand, has filed this writ petition challenging letter no. 1960 dated 22.06.2022 (Annexure-4), issued by the District Programme Officer, Sitamarhi, whereby 5,52,789/- has been rs ordered to be recovered from the petitioner by deducting the same from the gratuity amount.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTE4OTAjMjAyMiMxI04=-2BN9J4DrLS4=
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