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2022 Supreme(Raj) 730

ARUN BHANSALI
Rajni Lakhotia W/o Dr. Manoj Lakhotia – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Services, Government Of Rajasthan, Jaipur – Respondent


Advocates appeared:
For the Petitioners:Dr. Sachin Acharya, Sr. Advocate with Mr. Karan Parihar.
For the Respondents: Mr. Manish Vyas, AAG., Mr. Kailash Choudhary, Mr. P.C.Gupta, PMO

ORDER :

1. This writ petition has been filed by the petitioner aggrieved against withholding of her retiral benefits by the respondents and a direction to grant full gratuity amount to the tune of Rs.20,00,000/- and earned leave of Rs.69,307/- along with interest till the date of realization.

2. The petitioner was initially appointed as Medical Officer in the year 1987 and on the date of her superannuation on 31/1/2022 she was posted as General Specialist (Surgery) at District Hospital, Paota, Jodhpur.

3. On 5/2/2021, the Deputy Secretary of the Medical & Health Department issued a certificate regarding non-pendency of any departmental inquiry. On 23/3/2021, the petitioner received a notice from Principal Medical Officer, District Hospital, Paota, Jodhpur (‘the PMO’) inter alia with reference to a complaint dated 1/12/2020 indicating that though her husband was allotted Government accommodation and she was staying in the said Govt. accommodation, she has availed the benefit of House Rent Allowance from 18/12/2003 to 31/1/2021 and, therefore, why not a sum of Rs.20,69,307/- be recovered from her gratuity/commutation/pension and in case she wants to deposit the sam

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