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N. UNNI KRISHNAN NAIR
Jainal Uddin Laskar S/o Late Khair Uddin Laskar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. C. K. S. Baruah, learned Government Advocate appearing for the State respondents.
2. The challenge in the present proceeding is to an Gratuity Payment Order (GPO) dated 08.07.2021, issued by the Office of the Principal Accountant General (A & E) Assam, wherein, recovery of Rs. 3,15,350/- (Rupees Three Lakhs Fifteen thousand Three hundred Fifty) was directed from the Death Cum Retirement Gratuity (DCRG) so authorized to the petitioner towards the over payment of pay and allowances to him during his service tenure.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding is noticed as under:-
The petitioner herein was recruited as a Constable in the Assam Police in the year 1982. The petitioner, at the time of his initial recruitment was a matriculate. The petitioner, thereafter, completed his Higher Secondary Examination in the year 1984. On acquiring the Higher Secondary qualification, the petitioner, w.e.f. 09.10.1985, was granted two advance increments for the Higher Secondary qualification s
Recovery of authorized increments from pension is impermissible without due process; prior court rulings must be respected.
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
Withdrawn increments were classified as special rather than promotional, which justifies the action based on the Punjab Civil Services Rules and related Supreme Court decisions.
Benefits conferred for an extended period cannot be withdrawn without just cause, especially when no fault lies with the employee.
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