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2019 Supreme(Guj) 975

A.S.SUPEHIA
Harishchandra Jagannath Brahmbhatt – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Hardik H. Pandit
For the Respondent: Swapneshwar Goutam, AGP

JUDGMENT :

A.S. SUPEHIA, J.

1. The present writ petition is filed seeking quashing and setting aside the recovery orders dated 08.09.2010, 21.08.2010, 31.03.2011 and 07.07.2012 and also prayed to grant regular pensionary benefits.

2. The facts of the case are that the petitioner was appointed on 25.05.1972 as an English Typist in R & B Division at Himmatnagar. He was promoted to the post of Senior Clerk vide order dated 25.05.2007.

2.1. It is the case of the petitioner that after he retired on 30.11.2009, the respondents did not pay regular pension and instead granted provisional pension benefits to the petitioner on 24.05.2010 after lapse of 6 months period though no inquiry case or Court proceedings were pending.

2.2. The pension case of the petitioner was prepared belatedly by the respondent No. 3 and it was sanctioned and the regular pension order was made on 04.05.2011. Thereafter, again additional recovery order for Rs.19,440/- was made towards so-called excess payment for the commutation of leave on 31.03.2011 which is ordered to be adjusted against leave salary payable to the petitioner on retirement by taking forced consent.

3. At the outset, learned advocate Mr. Pandit for the

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