LEELADHAR PATEL Vs. STATE OF C.G.

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dtd. 16/12/2020 whereby the respondent no.5 had passed an order of recovery against the petitioner to the tune of Rs.1,92,286.00

(2.) The said amount of recovery is alleging excess payment paid to the petitioner for a period between 1/1/1996 till date of retirement i.e. 30/4/2020. It is said that in course of implementation of 5th Pay Commission from 1/1/1996 the petitioner seems to have been given some erroneous fixation and which could be detected only after retirement of the petitioner and thereafter the impugned order has been passed.

(3.) Counsel for the petitioner submits that firstly the petitioner is a low paid Class-III employee who stood retired from the post of Dresser in the health department under the respondents. Secondly, the alleged excess payment is said to have been made about 24 years prior to the date of retirement of the petitioner and thirdly the petitioner is a retired employee and for all these grounds the order of recovery of the department was bad in law as Supreme Court in the case of State of Punjab and others etc. vs. Rafiq Masih (White Washer) etc." reported in 2015 AIR SCW 501 has clearly held that under these circumstances it is impermissible under law.