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2013 Supreme(Gau) 587

BIPLAB KUMAR SHARMA
Anuradha Choudhury – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. M. Chanda, Advocate
For Respondents/Defendant: Ms. G. Deka, Addl. Sr. GA

JUDGMENT

Biplab Kumar Sharma, J.

1. Heard Mr. M. Chanda, learned counsel for the petitioner. Also heard Ms. C. Deka, learned Addl. Sr. Govt. Advocate, Arunachal Pradesh. The petitioner, who has taken voluntary retirement from service with effect from 1.10.2011 has filed this writ petition making a grievance against the deduction of Rs. 24,294/- from the retirement gratuity. The petitioner has also prayed for release of the pensionary benefits including gratuity with interest @ 18% with effect from 1.10.2011. It is the case of the petitioner that the delay in finalizing the pension case of the petitioner being not attributable to her, the respondents are liable to pay interest on delayed payment. So far as the recovery of Rs. 24,294/- from the retirement benefit is concerned, in paragraph-11 of the writ petition it has been stated that the petitioner having not committed any fraud or mis-representation, which can be said to have forced the respondents to pay the said amount to the petitioner, the respondents are not entitled to recover the said amount, more particularly when the alleged excess payment is for the period from 1991 to 1998.

2. In the counter affidavit filed by the respond









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