i ‘ mm M 200 -am%wm(‘i§ha§“) mmfaw‘m mmm WWW fsQ°rW WWW aiaif‘ananéw —1 7, Learned cou‘nsel appearing for the petitioner submifs/that the petitioner was not given any opport‘ ity to explain about payment made to the petitioner. Thus, this order is tiated for want of compliance of the principles of natural justice and fair lay in-action. He further submits that there is no fault on the part of the p titioner and the amount is paid to him in accordance with the pay scales, revised and fixed by the respondents from time to time. No reason has b en assigned as to on which count the excess payment, if any, was made. The respondents cannot recover the amount, already paid to the petitoner, that too without following the principles of natural justice. Relianc is placed on the order passed by thi Court in W.P. (s) No.4635/08 dated 5.8.2008. The above fact has not bee disputed by learned counsel for the respondents/State. From perusal of the afores id submission it is evident that the g petitioner was not afforded opportun ty of hearing before effecting recovery by letter of Annexure P-1 dated 1 3.2008. Therefore, relying upon the order passed by this Court in W.P. (s) No.4635/O8, the instant petition is allowed and recovery of Rs.46,762/ on account of excess/payment made” to the petitioner vide communicat dated 14.3.2008 (Annexure P—1) is hereby quashed. Petitioner is entitl d to full pensionary benefits / gratuity amount without any deduction. If he amount has been recovered, the petitioner is entitled to said amo nt with interest @ 6% per annum. However, it is open to the respond nts to take any step, if so advised, in accordance with law following basic rinciples of natural justice. . r Sdl— mw‘m w, WW firS/r97e3/2ooati4opoo. j‘ Dhirendra Mishra l a Judge u i s i {0% w) m 200 W wqi$ man-alas (Tcrfgag) mmWw ammamm mmwmw mamam'a' $Wg§m 26/1 1/2008 In compliance of Hon’ble Court’s Order dt. Qit‘9l‘3‘75 Writ direction communicated to Respondents No. &‘Lk03 with copy of court’s order dt. & i‘Ll 63f G? are prepared put up for checking, approval and signaturerplease. Sd/— ARU)