In nutshell, case set up by the petitioner is that her husband, Khushi Ram, retired as AG – III (D) upon attaining the age of superannuation on June 30, 2010. Unfortunately, he was taken away by the nature on April 14, 2011 leaving behind the petitioner as his sole heir being his wife. Since retiral benefits were not being released, petitioner served a legal notice dated June 06, 2011 (Annexure P3) upon the respondents which was replied by them vide letter dated October 31, 2011 intimating that on account of vigilance penalties/ CPF advance/ MHS and excess payment against pay, recovery had been effected from the retiral dues payable to Khushi Ram. Meaning thereby that recovery of 75,000/- pertaining to the leave encashment and a sum of 2,88,578/- in respect of DCRG has already been effected/ adjusted. However, it has been acknowledged that house building advance availed off by Khushi Ram has since been recovered alongwith interest. The petitioner has further claimed that though nothing remains payable in respect of house building loan, yet the original title deeds have illegally been retained by the respondents. She further submitted that aforesaid amounts have also been illegally and unlawfully held, that too without any jurisdiction by the respondents to which petitioner being the sole legal heir of her deceased husband is entitled to receive. Otherwise also, respondents were not within a right and had no jurisdiction to recover the amount from the retiral benefits, especially the leave encashment and gratuity after the demise of her husband.
