SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(HP) 156

SATYEN VAIDYA
Devinder Kumar, S/o. Sh. Madhav Sharma – Appellant
Versus
State of H. P. , Through Pr. Secretary (I&PH), Government of H. P. Shimla, H. P. – Respondent


Advocates Appeared:
For the Petitioner: Shri Digvijay Singh.
For the Respondent:Shri Desh Raj Thakur, Additional Advocate General With Shri Gaurav Sharma, Deputy Advocate General.

ORDER :

In the instant petition, petitioner has prayed for the following substantive relief(s):-

    “(i) That the present O.A. may kindly be allowed and order No. IPH-EE-BGI-EA-1-DCRG/2017-4294-99, dated 27.06.2017 (Annexure A-3), issued by respondent No.2 may kindly be quashed and set aside qua recovery of Rs.2,08,520/- against applicant and further the respondents may be directed to release gratuity amount to the applicant forthwith alongwith interest.”

2. The case of the petitioner is that he retired as Pump Operator on 28.02.2017 from the office of respondent No.2. After undue delay, the retirement gratuity of petitioner was finally assessed on 02.05.2017 at Rs.4,10,435/-. However, instead of disbursement of retirement gratuity at the earliest, respondent No. 2, vide office order dated 27.06.2017 effected recovery of Rs.2,08,520/- from the sanctioned amount of retirement gratuity. The recovery was effected on the pretext of payment of excess salary to the petitioner for the period 01.01.2013 to 28.02.2017.

3. Petitioner has assailed the aforesaid recovery on the ground that the order, Annexure A-3, was vague without specifying the reasons for recovery. Petitioner was not afforded any

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    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

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top