ORDER

25.07.2024 Order No. 02

1. This matter is taken up through hybrid mode.

2. Heard Mr. L.K. Mohanty, learned counsel appearing for the Petitioner and Mr. S. Rath, learned Addl. Standing Counsel appearing for the Opp. Parties.

3. Petitioner has filed the present writ petition inter alia challenging the direction to recover the excess amount in terms of the impugned order dtd.24.10.2017 under Annexure-4.

4. It is contended that Petitioner while continuing in service, she got the benefit of RACP w.e.f.01.01.2013 vide order dtd.15.07.2014 under Annexure-3. It is contended that while in receipt of the said benefit, without issuing any show-cause and any prior notice, the said benefit was cancelled vide the impugned office order dtd.24.10.2017 and direction was issued to recover the excess payment so received by the Petitioner w.e.f.01.01.2013. It is contended that since Petitioner without any fault of her own was extended with the benefit and she got the same w.e.f.01.01.2013 in terms of the order issued under Annexure-3 while cancelling the same, no direction could have been issued to recover the excess payment in view of the decision in the case of State