1. It is indicated that the petitioner has attained the age of superannuation in November, 1999. By the order passed in February, 2004, an amount of Rs.1,17,664/- is sought to be recovered by the authorities of the Government from the petitioner on the ground that he was continued in service beyond his age of superannuation. Affidavit in reply is not on record.
2. Ms. Chandarana, learned AGP, prays for time to place the stand of Government on record.
3. It appears prima facie, that an administrative mistake has resulted in passing the impugned order. Whether Government should have done this or not, is an aspect which may not be required to be gone Page 1 of 2 C/SCA/3600/2004 ORDER into in detail in view of the fact that when the impugned order came to be passed, more than four years had passed after the superannuation retirement of the petitioner. In view of the provisions of Rule 189A of B.C.S.R., prima facie, the action of the Government appears to be without authority of law.
4. Respondents shall file reply on both, competence of the Government and merits of the impugned order.
5. S.O. to 16.01.2013.
(PARESH UPADHYAY, J.) MH Dave/59 Page 2 of 2