Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Deduction of Government dues from Death-cum-Retire- ment Gratuity |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Deduction of Government dues from Death-cum-Retirement Gratuity-Legality of-Order of High Court justifying recovery of Government dues-Writ Petition--Division Bench of High Court held that amount has been deducted illegally-Earlier order passed by Single Judge ignored-Abuse of process of Court-Order passed by Division Bench is patently unsustainable, improper and illegal.The respondent, a retired Chief Engineer of the Irrigation Department in the Haryana State retired on 30-11-1989. While in service the respondent had availed of House Building Advance and Motor Car Advance loans against gratuity in the years 1973 and 1976. He executed an agreement and signed an undertaking that in case he failed to repay the loan, the same was to be recovered from his gratuity with interest at the time of his retirement from the service. Disciplinary proceedings were initiated against the respondent, which resulted in withholding of the outstanding retirement benefits. The respondent filed Civil Writ Petition for appropriate reliefs. A Division Bench of the High Court directed the State to release to the petitioner therein all pensionary benefits to which he was entitled to under the rules as the charges were not served on him before his retirement on attaining the age of superannuation. The respondent herein initiated proceeding in contempt for implementation of the judgment. Dismissing the contempt petition, the High Court by an order dated 28-4-1993 held that the State was competent to deduct the government dues from the gratuity of the petitioner and that after deduction of the dues from the gratuity the balance amount had been disbursed to the petitioner and the Court's order had been duly complied with. The contempt petition was dismissed. The order so passed by the Single Judge had become final. The respondent filed writ petition and prayed for a declaration that the deduction of the Government dues from the Death-cum-retirement gratuity amount was illegal and ultra vires and for a direction to refund the said amount along with interest. Allowing the petition, the Division bench of the High Court held that no inquiry was pending against the respondent nor any Government dues were to be realized from him and so there was no legal basis to make any deduction in the amount of gratuity payable and directed the appellant to refund the amount deducted illegally by the State Government from the gratuity of the respondent. Hence this appeal. |
Judge | Hon'ble Mr. Justice K.S. Paripoornan |
Neutral Citation | 1995 INSC 139 |
Petitioner | State Of Haryana And Ors. |
Respondent | K.n. Dutt |
SCR | [1995] 2 S.C.R. 327 |
Judgement Date | 1995-02-24 |
Case Number | 3007 |
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