Uttarakhand High Court

WPSS/910/2025 on 5 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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09                                WPSS No.910 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Lalit Samant, Advocate for the petitioners.

Mr. Narayan Dutt, Standing Counsel for the State.

Heard.

Admit.

Learned C.S.C. takes notices for the respondent nos. 1 and 5.

Respondents may file counter affidavit within four weeks.

Two weeks, thereafter, rejoinder affidavit, if any, may be filed.

List on 25.08.2025.

Heard on Stay Application, IA No.1 of 2025.

The petitioner was appointed in the Education Department initially on 01.03.1993. Thereafter, she was confirmed. She retired from the position on 31.01.2025. She has not been paid any retiral dues. Now, it is the case of the petitioner that the respondent no.5/Finance Officer, School Education, Pithoragarh, has made some calculations with regard to the salary and had endorsed that Rs. 12,93,790/- shall be recovered from the pension/gratuity of the petitioner.

Learned counsel for the petitioner would submit that post retirement, such recovery cannot be made. It is not the case that the petitioner had played any fraud or made any misrepresentation. Therefore, in view of the judgment passed by the Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Rafiq Masih, (2015) 4 SCC 334, recovery may not be made from the petitioner.

Having considered, this Court is of the view that till the next date of listing, no recovery shall be made from the retiral dues of the petitioner, which are to be paid to her at the earliest.

Stay application stands disposed of, accordingly.

(Ravindra Maithani J.) 05.06.2025 RV