HUSSAINBHAI JUSABBHAI HALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.P.H.Pathak for the Petitioner and learned Assistant Government Pleader Ms.Vanita Bharwani for the Respondent No.1.

(2.) Rule returnable forthwith. Learned Assistant Government Pleader Ms.Vanita Bharwani waives service of notice of rule on behalf of the Respondent No.1.

(3.) The Petitioner came to be appointed as Police Constable on 16/4/1969. Eventually, on 1/1/1981, the Petitioner was promoted as Assistant Sub Inspector ("ASI" for the short) at Rajkot (Rural modal operative bureau). Upon completion of 9 years in the said post, the Petitioner was granted the higher grade of pay on the said post by the order dtd. 10/7/1993 but with effect from 1/1/1990 i.e. after completion of 9 years from the promotion to the post of Assistant Sub-Inspector. Eventually, the Petitioner retired on 31/12/2007 as Assistant Sub-Inspector and on 17/6/2009 i.e. nearly after 2 years after the retirement of the Petitioner, the Superintendent of Police ("SP" for short), Rajkot (Rural) sought to recover a sum of Rs.3,52,598.00 from the Petitioner on the ground that the same was mistakenly paid and then the Petitioner was not entitled to the higher pay. Upon a representation dtd. 30/6/2009 to the Respondents objecting to the said recovery on the ground that, by the order dtd. 7/9/1993, 61 ASIs were granted the higher pay scale, the SP, Rajkot (Rural) recommended the cancellation of the recovery order dtd. 17/6/2009. However, since the benefits of regular pension and other terminal benefits like gratuity etc. were not extended to the Petitioner, a representation dtd. 9/9/2011 was made by the Petitioner to the SP, Rajkot (Rural). Eventually, the Petitioner referred SCA No. 13444 of 2013 seeking the following reliefs: