WPSB/307/2020
2021 Latest Caselaw 247 UK

WPSB No. 307 of 2020
Hon'ble Raghvendra Singh Chauhan, C.J.
Hon'ble Manoj Kumar Tiwari, J.

Mr. Abhijay Negi, learned counsel for the petitioner.

Mr. Pradeep Joshi, learned Additional Chief Standing Counsel for the State.

Ms. Seema Sah, learned counsel accepts notice for respondent no.3 and seeks four weeks' time to file her counter- affidavit.

The learned counsel for the parties are directed to submit a complete synopsis, a chronology of dates and events. They are further directed to compile chronologically all the Government Orders which are relevant to the controversy in issue. They are also directed to give compilation of the history of the litigation to which the present issue travelled through. The said compilation shall be given to this Court one week prior to the next date.

The Registry is directed to tag this petition Writ Petition (S/B) No. 303 of 2020.

The learned counsel for the petitioner further submits that, illegally the recovery is being made from the gratuity and leave encashment, to which, the petitioner is entitled to. According to him, the petitioner does not have the benefit of any pension scheme in his favour. Moreover, since the petition is at the dusk of his life, recovery should not be made, keeping in view the judgment of the Hon'ble Supreme Court in the case of "State of Punjab & others vs. Rafiq Masih" reported in (2014) 8 SCC

883.

Therefore, this Court stays the recovery from the petitioner, till the next date.

(Manoj Kumar Tiwari, J.) (Raghvendra Singh Chauhan, C.J.) 15.01.2021 15.01.2021 NISHANT