INDRAVADAN U PANDYA 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 and to recover the amount from the amount payable to the petitioner.

(2.) THE facts of the case are that in the year 1964 the petitioner was appointed as junior clerk and was promoted as senior clerk in 1982. On 29.8.1998, the petitioner was promoted as junior auditor in the pay-scale of Rs.5000-8000/- and his basic pay was fixed at Rs.6500/- in the revised 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.5000-8000 in the year 1998, for the purpose of calculating pension and other retirement benefits, pay-scale of Rs.4500-7000 will be considered which is the pay-scale for the post of economic investigator and the retrospective effect 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 23.12.1991 and subsequently with effect from 1.1.1996 in the pay-scale of Rs.1400-2600 and Rs.5000-8000 respectively was not due to any misrepresentation or fault on the part of the petitioner-employee and such amount cannot be recovered. 5.1 In the case of Syed Abdul Qadir and Others v. State of Bihar and Others reported in 2009 AIR SCW 1871, the Lordships while considering the case under Fundamental Rules Rule 20 and Rule 20(c) and Article 309 of the Constitution of India, in Paragraph 28 held as under :-