The High Court canceled the recovery order against the retired head constable

Bilaspur. Bilaspur High Court News: After the retirement of the head constable, a recovery order was issued from his gratuity citing payment of more salary to him. Hearing the petition challenging this matter, the High Court has set aside the recovery order issued by the Joint Director of Treasury Accounts and Pensions Department. Also, the petitioner has been ordered to pay all his dues at the earliest.

Lalit Prasad Shukla, a resident of Vaishnavi Vihar located in Uslaspur, was working as the head constable in the office of the Superintendent of Police. He was given retirement on 28 February 2021 at the age of 60 years after completion of long service period. After about three months of retirement, Joint Director of Treasury and Accounts Pension Department issued a recovery order from the amount of his gratuity, mentioning the wrong payment of salary to him in the previous service years.

Disturbed by this order, he filed a petition in the High Court through advocates Abhishek Pandey and Laxmin Kashyap. In this, he challenged the recovery order of the Joint Director. The petition referred to the order issued by the Supreme Court in the case of Rafiq Masih against the state of Punjab. Also argued that no deduction or recovery order can be issued for any third class employee and retired employee due to payment of excess amount in the previous years.

In this case, the petitioner was posted as the head constable. Which is a third class post. Therefore, issuing recovery orders in any way in their bills is contrary to the order of the Supreme Court. It has also been pointed out in the petition that the petitioner has neither been given an opportunity of being heard nor a show cause notice has been issued to him before issuing the recovery order.

This is against the principle of natural justice. The matter was heard in the single bench of Justice P.Sem Koshi. Agreeing with the arguments of the petitioner’s advocate, the court has set aside the recovery order issued by the Joint Director of Treasury Accounts and Pensions Department. Along with this, the Joint Director and Bilaspur Superintendent of Police have been ordered to pay all their dues to the petitioner immediately.

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