IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1815 of 2007. Decided on: February 23, 2010 State of Himachal Pradesh and others ….. Petitioners. Versus Dila Ram …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. Whether approved for reporting ?1. For the petitioners : Mr. R.K. Sharma, Sr. Addl. Advocate General. For the Respondent : Nemo. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The State has challenged the order of the erstwhile H.P. State Administrative Tribunal. Issue pertains to the withholding the amount from the gratuity payable to the respondent. The Tribunal has taken a view that the due amount cannot be adjusted against the gratuity payable. We are afraid that the proposition can be appreciated. If any amount is due to the State by an employee it can be recovered under Rule 71 of the CCS (Pension) Rules. But the question is whether within the permitted time the employee had been given notice. The fixation has to be made within the permitted time and that fixation has to be made with notice to the employee. If these conditions are satisfied, the recovery is 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 permissible to the extent of fixation of liability within the permitted time and with notice to the employee. In view of the above, it is open for the State to take appropriate action in the matter in accordance with law. With the above clarification, the present Writ Petition is disposed of, so also the pending application. (Justice Kurian Joseph), Chief Justice February 23, 2010 ( R.B. Misra ), (rks) Judge.