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2024 Supreme(Chh) 303

RAJANI DUBEY
I. J. Tripathi, S/o Late Brij Bhushan Tripathi – Appellant
Versus
State of Chhattisgarh Through- Secretary, Agricultural Department, Mahanadi Bhawan, Raipur, Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ravindra Sharma, Adv.
For the Respondents/State: Mr. Kunal Das, Panel Lawyer

ORDER :

1. By way of the instant petition, the petitioner is challenging the legality of the demand notice issued to the petitioner vide letter dated 28.12.2016 (Annexure P/1) whereby the petitioner was directed to deposit a sum of Rs.7,43,956/- within a period of 7 days. It has further been directed to the petitioner to give undertaking/consent for recovery of the aforesaid amount from the amount of gratuity so as to finalize the gratuity amount.

2. Brief facts of the case as mentioned in the petition, are that the petitioner has retired as Assistant Director Agriculture, officiating at the office Deputy Director Korba on attaining the age of superannuation vide order dated 29.01.2016 (Annexure P/3). Respondent No.3 further issued letter dated 23.02.2016 (Annexure P/4) for payment of 90% of pension with dearness allowances payable time to time under Rule 74 of Civil Pension Rule 1976 till the final fixation of the pension. The said letter was also addressed to respondent No.4. Despite making several representations, respondent No.4 did not inform about any dues outstanding against the petitioner and deliberately decline to issue no dues certificate to him.

3. As the respondent depart

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