Rajasthan High Court - Jaipur
State Of Raj And Ors vs Raj Civil Service Appel &Anr on 23 May, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.5064/2009. State of Rajasthan & Anr. Vs. Raj.Civil Services Appellate Tribunal, Jaipur & Anr. Date of Order:- May 23, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ganesh Meena, Government Counsel. ******* BY THE COURT:-
This writ petition has been filed assailing the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur dated 19/9/2006 whereby, the Tribunal allowed the appeal filed by respondent No.2 against the order dated 20/10/2003 whereby recovery was sought from the salary of the petitioner w.e.f. 18/8/1975 to 31/8/2003, the date of superannuation.
Contention of the learned Government Counsel for the petitioner is that benefit of stepping up of pay was inadvertently granted to respondent No.2 vide order dated 18/6/1988 quo one Shri Shivshanker Kanojia w.e.f. 1/1/1975 overlooking the fact he was junior to him. When this mistake revealed, the petitioner-State vide order dated 21/7/1990 withdrawn the earlier order dated 18/6/1988 and the order of recovery was issued on 20/10/2003 therefore there cannot be any delay. Respondent No.2 should have challenged the aforesaid order of the Government dated 21/7/1990 in the year 1990 itself.
Although, it is true that the basic order is 21/7/1990 and at the same time, it is also true that recovery pursuant to that order was not effected till 20/10/2003, which fact was admitted by the State before the Tribunal. Not only the benefits were continued to be paid to respondent No.2 even after 1975 but also from 1990 till the order dated 20/10/2003 was passed. Learned counsel argued that Tribunal has completely set-aside the order of recovery dated 20/10/2003 whereas, it should have atleast permitted the petitioner-State to rectify the mistake while calculating the retiral benefits.
In the facts of the case, when the order of payment was made in 1988 w.e.f. 1/1/1975 and the order dated 18/6/1988 was withdrawn by the subsequent order dated 21/7/1990, which was not given effect to till 20/10/2003 for a long period of thirteen years, Tribunal cannot said to have committed any fault.
Writ petition is accordingly dismissed.
(MOHAMMAD RAFIQ), J.
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