RAMESHCHANDRA K PATEL Vs. GUJARAT RAJYA KHADI GRAMODHYOGBOARD

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is filed by the petitioner challenging the order dated 21st January 2000 passed by the respondent No.2 in respect of calculation of pension and all other retirement benefits in the event of voluntary retirement applying the pay-scale of Rs.4500-125-7000 with retrospective effect i.e. w.e.f. 1.6.1987 and to recover the amount from the amount payable to the petitioner.

(2.) THE facts of the case are that in the year 1962 the petitioner was appointed as junior clerk and was promoted as statistician senior clerk in 1977. On 28.5.1996, the petitioner was promoted as junior auditor in the pay-scale of Rs.1400-2600 and his basic pay was fixed at Rs.2150/- and as per the recommendation of 5th Pay Commission, his pay-scale was re-fixed to Rs.5000-8000, which is Junior Auditor's post and increments were released in the revised pay-scale. THE petitioner sought voluntary retirement with effect from 31.1.2000 and the same was accepted by the respondents. By the impugned order dated 21.1.2000, respondent No.2 informed the petitioner that, though the petitioner was promoted as junior auditor in the pay-scale of Rs.1400-2600 in the year 1996, for the purpose of calculating pension and other retirement benefits, pay-scale of Rs.1350-3200 will be considered which is the pay-scale for the post of economic investigator and the retrospective effect from 1.6.1987 will be given.

(3.) HAVING heard the leaned counsel for the parties and on perusal of the record, now the issue is narrowed down as to whether the impugned recovery can be permitted to be effected. It is admitted position that the pay-scale granted to the petitioner with effect from 1.6.1987 to 31.12.1995 and from 1.1.1996 to 27.5.1996 was not due to any misrepresentation or fault on the part of the petitioner-employee and such amount cannot be recovered.