1 S.B. Civil Writ Petition No.6576/2009 Illumuddin. VS. Rajasthan Agriculture University, Bikaner and ors. Date : 7.12.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.Mukesh Vyas, for the petitioner. Mr.DS Rajvi, for the respondents. - - - - - Heard learned counsel for the parties. The petitioner has challenged the order dated 20.1.2005 (Annex.5) of deduction of gratuity amount of the petitioner and sought relief of payment of Rs.87,700/- which according to the petitioner, has been illegally recovered from the petitioner. The petitioner was appointed in the respondent University and retired upon attaining the age of superannuation on 30.11.2003. The petitioner's case for retiral benefits was finalised on 15.3.2002. However, an objection was raised that a recovery of Rs.1,43,732/- plus allowances is due in the petitioner. The respondent no.2 – Dean, Veterinary Science and Animal Husbandry College, Bikaner vide letter dated 13.5.2003 informed the respondent no.3 – Financial Comptroller, Rajasthan Agricultural University, Bikaner that the selection scale was rightly given to the employees 2 like the petitioner. Then, the respondents issued pension payment order and office order dated 20.1.2005 and paid the amount to the petitioner after deducting Rs.87,700/-. Learned counsel for the petitioner submits that in identical facts and circumstances, this Court in S.B. Civil Writ Petition No.186/2006 (Ganpat Singh Rathore vs. Rajasthan Agriculture University, Bikaner & Ors.) vide judgment dated 8.2.2007, allowed the said writ petition and quashed the order of like nature which has been challenged in this writ petition. Learned counsel for the respondents could not distinguish the facts of the present case from the facts of Ganpat Singh Rathore's case (supra). In view of the reasons given in the said judgment, this writ petition deserves to be allowed, hence, allowed. The order dated 20.1.2005 (Annex.5) deducting Rs.87,700/- on the basis of audit objection, is quashed and the respondents are directed to pay the said amount of Rs.87,700/- to the petitioner. (PRAKASH TATIA), J. S.Phophaliya