P. S. Shrivastava v. State Of Chhattisgarh
Case brief
What is this about?
The Court distinguished the Supreme Court judgment in Rafiq Masih, holding it inapplicable to excess General Provident Fund withdrawals. While recovery from overpaid emoluments is barred post-retirement, GPF overdrawals are 'Government dues' recoverable under Pension Rules. The Court granted retired petitioners an opportunity of hearing before recovery orders were enforced.
What did the court decide?
Petitioners directed to file responses within 12 weeks; authorities to pass speaking orders within 4 months.