Honble GARG, J.–This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 3.8.2002 against the respondents with the prayer that by an appropriate writ, order or direction, the order Annex. 8 dated 19.12.2001 passed by the respondent no. 4 Joint Director, Pension and Welfare Department, Ajmer by which a recovery of Rs. 1,30,869/- was made from the Gratuity Payment Order of the petitioner, be quashed and set aside.

(2). The case of the petitioner as put forward by him in this writ petition is as follows:-

The petitioner was appointed in the respondent Department as Surveyor on 16.2.1970 and after completion of two years service, he was declared as Semi Permanent on the post of Surveyor w.e.f. 16.2.1972 vide order Annex. 1 dated 17.1.1973 issued by the respondent Department and thereafter he became permanent w.e.f. 16.2.1980.

According to the petitioner, his pay scale was revised and he was fixed in the pay scale of Rs. 470-10-490-20-830 vide order Annex. 2 dated 25.1.1980 issued by the respondent no. 2 Superintending Engineer, Irrigation Circle, Bhilwara and since then pay scales of the petitioner were revised according to rules from time to t

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