1. Heard counsel for the parties.

2. The appeal is directed against the order dated 11.11.2004, passed by the learned Single Judge of this Court in C.W.J.C. No. 11541 of 2003, whereby and whereunder the order as contained in annexure-1 so far as recovery part was concerned, has been set aside and necessary directions were issued to refund the recovered amount from the gratuity payable to the writ petitioner and also the penal rent which was deducted from the gratuity.

3. The widow of the employee had approached this Court for the reliefs aforesaid.

4. It is contended by counsel for the appellant that the excess amount was taken by the husband of the writ petitioner which was adjusted from his gratuity.

5. The learned Single Judge held that since all other retiral dues were paid to the writ petitioner, there could not have been adjustment from the amount payable to her.

6. Having appreciated the questions involved in this appeal and also the findings recorded by the learned Single Judge, we hold that the gratuity amount could not have been adjusted towards any dues as it was no longer a bounty.

7. The order impugned, in this view of the matter, does not suffer from any infir