MADAN MOHAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) WITH the consent of learned Counsel appearing for the parties, the matter is heard finally.

(2.) THE petitioner while working as Upper Division Teacher in respondent's Department retired from services after attaining the age of superannuation on 30-6-2008. THEreafter, the petitioner received a letter dated 28-6-2008 (Annexure P-1), whereby an amount of Rs. 21,816/- was deducted from the retiral dues on account of excess payment made to the petitioner.

(3.) THE Hon'ble Supreme Court in P. Tulsidas and others Vs. Government of A.P. and others, AIR 2003 SC 43, observed that the benefit accrued earlier by way of grant of higher pay or revised pay, cannot be taken away as the same is violative of Articles 14 and 16 of the Constitution of India being arbitrary, unreasonable and expropriatory.