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Service benefits given 26 years ago taken back, High Court imposed stay

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Jaipur, 20 July (HS). Rajasthan High Court has stayed the implementation of the order to withdraw the service benefits given to an electricity employee 26 years ago, 7 years after his retirement. Along with this, the court has issued notice to the Principal Energy Secretary and Managing Director of JVVNL and others in the case and sought their reply. A single bench of Justice Anoop Kumar Dhand gave this order while hearing the preliminary petition of Ram Avtar.

In the petition, advocate Vijay Pathak told the court that the petitioner was earlier working in Rajasthan State Electricity Board. As a result of promotion in the year 1998, he was given the benefit of pay-fixation. Later, from time to time, the petitioner was given selected pay scale and promotion. Meanwhile, when the Electricity Corporation was formed, the employees of the board were divided into five corporations and the petitioner was employed in Jaipur Vidyut Vitran Nigam Limited. From here, the petitioner retired in the year 2017. It was said in the petition that in the month of December last year, JVVNL, terming the pay-fixation given in the year 1998 as wrong, issued recovery of the excess payment and accordingly issued orders to reduce the current pay-fixation and also reduce the pension. Challenging this, it was said that no recovery can be made from the pension amount of the employee. Apart from this, the benefits given to him 26 years ago were given correctly as per the rules. This benefit was given to about 54 employees including the petitioner, but this recovery is being made only from 14 employees accommodated in JVVNL. Whereas no such recovery has been made from employees posted in other power corporations. In such a case, the petitioner cannot be discriminated against. Apart from this, before the recovery, neither any notice was given to him nor was he given a chance to present his side. Hearing on this, the single bench has stayed the recovery order and summoned a reply from the concerned officials.