PATAN DISTRICT PANCHAYAT Vs. S. V. DAVE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner challenging the order dated 16.12.2019 passed by Gujarat Civil Services Tribunal at Gandhinagar in Appeal No.111 of 2018 quashing the order of recovery from the respondent No.1.

(2.) The petitioner being a District Panchayat has filed this petition on the ground that the petitioner was promoted as a Senior Clerk in the year 2011 on a condition that the certificate of passing of CCC examination is to be submitted. The petitioner was only required to clear the CCC examination on or before 31.12.2013 however, the petitioner cleared the CCC examination on 06.02.2014. Therefore, the petitioner is entitled to the benefit of promotion from the date of passing of CCC examination i.e. from 06.02.2014. The respondent No.1 has therefore, received the benefit of promotional post w.e.f. 01.04.2011 to which the respondent No.1 was not entitled to and hence, the order was passed on 19.08.2017 for recovery of difference in salary between the post of Junior Clerk and the promoted of Senior Clerk.

(3.) Learned advocate for the petitioner submits that the respondent No.1 was very much aware of this position and therefore, only the benefits which were received by the respondent No.1 on condition and one such condition not being fulfilled, the respondent No.1 has to refund back the amount of the benefits which the respondent No.1 is not entitled to. Learned advocate for the petitioner submits that the Tribunal has proceeded to hold on merits in favour of the petitioner however, by recording decision of the Apex Court in the case of State of Punjab and others v/s. Raiq Masih (White Washer) and others , 2015 4 SCC 334, recovery part is ordered to be stayed.