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Judgment
Anand Mathur, Member (A)
Learned counsel for the applicant states that applicant was working as Works Supervisor and retired on 30.4.2020. Thereafter, he was waiting for his retiral dues to be paid. Although PPO was issued on 22.2.2021, but the pension is yet to be released in his favour. In addition to that, other retiral dues like DCRG etc. have also been withheld.
Learned counsel for the applicant quotes the circular issued by the Finance Department dated 11.02.2021, as per which, in case of irregularities in pay, the DDO concerned shall be personally responsible and excess paid amount shall be recovered from him.
He further quotes the latest judgment of Hon’ble Supreme Court in the case of Thomas Daniel Vs. State of Kerala delivered on 2.5.2022 in C.W.P. No. 7115/2011, as per which the benefits extended to an employee cannot be recovered at the time of his retirement. In view of this, he pleads that he would be satisfied, if the O.A. is disposed off with a direction to the respondents to keep in view these directives and citation referred to above and dispose off the case of the applicant by treating this O.A. as his representation and pass a speaking order, within a time frame.
Learned counsel for respondents submits that a direction may be issued by this Tribunal to decide the case of the applicant as per rules.
In view of the limited prayer made by the learned counsel for the applicant, the O.A. is disposed off at the admission stage with direction to the respondents/ competent authority to consider the case of applicant by treating the averments made in the present O.A. as representation of the applicant and dispose off the same, by passing a Reasoned and Speaking order, within a span of 4 weeks from today and decision so taken shall be communicated to the applicants forthwith.
I have not entered into the merit of the case.
No order as to costs.