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2018 DIGILAW 475 (RAJ)

Radha Devi Widow of Late Shri Chiranji Lal Rao v. State of Manipur

2018-02-08

ASHOK KUMAR GAUR

body2018
ORDER : 1. The present petitioners are legal representatives of late Shri Chiranji Lal Rao, who was working as Lecturer in Hindi subject in G.P. Women Government College, Imphal. The initial service rendered by late Shri Chiranji Lal Rao was, from the year 1966 and ultimately, he sought voluntary retirement. which was accepted w.e.f. 1st June, 1987. The last pay certificate dated 3rd August, 1987 was issued to late Shri C.L.Rao and his total salary was Rs.3216.30./- The Pension Payment Order was sent to Accountant General (A&E) Rajasthan for payment of pension to late Shri C.L.Rao at Treasury, Jaipur. The Government of Manipur vide its order dated 3rd October, 1998 was pleased to revise the pay-scale of Teachers w.e.f. 1.1.1986 and in consequence thereto, the emoluments in new pay-scale were prescribed to different employees but the name of late Shri C.L.Rao was not included. The demand being not satisfied with respect to revision of pay, late Shri C.L.Rao filed S.B.Civil Writ Petition No.2020/1995 before this Court and this Court vide order dated 13th September, 1996 held that petitioner-Chiranji Lal Rao was entitled to be placed in senior scale of pay of Rs.3000-5000/- w.e.f. 1.1.1986 and State of Manipur had already issued orders to this effect dated 9th August, 1996. Late Shri Rao was to submit representation/application to the authorities concerned for payment of arrears of pay, retrial benefits and for issuance of revised Pension Payment Order. 2. The Office of Accountant General (A&E), Jaipur has issued the order dated 9th August, 1996 (Annex.10) wherein a recovery of sum of Rs.11933.00/- has been ordered to be effected from the emoluments of late Shri C.L.Rao. It is an admitted position that late Shri C.L.Rao has expired on 24th March, 1998. 3. In the present case, the legal representatives of late Shri C.L.Rao prayed that the recovery order issued against the deceased government employee may be set aside and further, the emoluments in senior pay-scale of Lecturer of Rs.3000-5000/- may be given w.e.f. 1.1.1998 and accordingly, the other benefits flowing from fixation like pension etc. may be ordered to be revised. 4. The learned counsel for the respondents submits that the recovery has been ordered against Shri Chiranji Lal Rao by order impugned dated 9th August, 1996 as calculation was done and it was found that said amount was recoverable. 5. may be ordered to be revised. 4. The learned counsel for the respondents submits that the recovery has been ordered against Shri Chiranji Lal Rao by order impugned dated 9th August, 1996 as calculation was done and it was found that said amount was recoverable. 5. The learned counsel for the petitioners submits that recovery against the deceased government servant is also not permissible in law and as such, necessary orders are required to be passed setting aside such orders. 6. The Court finds that since there was already direction by this Court to re-fix the salary of late Shri C.L.Rao in the pay-scale of Rs.3000-5000/- w.e.f. 1.1.1986, the necessary orders ought to have been passed. The recovery which has also been ordered against the deceased government employee, is not sustainable. 7. The present writ petition is disposed of by giving a direction to the respondents to issue necessary orders by fixing emoluments of late Shri C.L.Rao in the pay-scale of Rs.3000-5000/- w.e.f. 1.1.1986 and accordingly, the legal representatives of the late Shri Chiranji Lal Rao may be issued the pension and other retiral benefits. The order of recovery dated 9th August, 1996 is also quashed and set aside being issued illegally in spite of direction passed by this Court in earlier writ petition, reference of which has been made (supra). 8. The present writ petition stands disposed of accordingly.