Back
HEMANT M. PRACHCHHAK
Abdulrahim Khanmamad Shaikh – Appellant
Versus
State Of Gujarat Thro Secretary – Respondent
JUDGMENT :
1. The petitioner has filed the present petition under Article 226 of the Constitution of the India with the following reliefs:-
(B) During the pendency and final disposal of this petition, respondent No.3 may be restrained from deducting any amount from the pension of the petitioner for the amount of February 2012 onwards.
(C) To grant such and further relief as may be deemed fit and proper.”
2. Facts of the present petition in nutshell are that the petitioner was appointed as Assistant Teacher with effect from 06.01.1987 and he was retired voluntarily on 30.11.2007. It is the case of the petitioner that he started getting pension on the basis of 26 years service i.e. 21 years pensionable service plus 5 years notional service in case of voluntary retirement and after more than 4 years of his retirement, respondent No.3 wrote a letter to the petitioner informing him that five notional years were to be added for pensionable service, but the pension was not to
An employee cannot seek to overturn a recovery from dues if they knowingly provided consent for the recovery and were involved in the pay fixation process.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
