HARGOVIND ARYA Vs. M.P.STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner before this Court has filed this present writ petition being aggrieved by recovery of Rs.81705/ - inflicted upon him after his retirement.

(2.) THE contention of the petitioner is that he was appointed on the post of Vidyut Gram Sewak and was promoted to the next higher post of Lineman, as well as to the post of Inspector. Petitioner has further stated that he was granted higher pay scale on completion of 9 years of service w.e.f. 25/9/84 and he was granted further higher pay scale on completion of 18 years of service on 11/8/93. Petitioner's grievance is that the respondents have not granted him higher pay scale as per the option exercised by him (Annexure P/5) dated 25/9/93 w.e.f. 25/9/93 and therefore, the respondents deserve a command to grant him higher pay scale w.e.f. 25/9/93 keeping in view the executive instructions issued from time to time by the M.P. State Electricity Board. Petitioner has further stated that the recovery has been ordered against the petitioner that too after his retirement, on the ground that he was granted erroneously a sum of Rs.81705/ - on account of erroneous pay fixation. Learned counsel for the petitioner has placed reliance upon the judgment delivered by the apex court in the case of Shyambabu Verma Vs. Union of India & Ors., reported in 1994 (1) SCC 683 and Sahibram Vs. State of Haryana reported in 1995 (1) SCC 18.

(3.) HEARD learned counsel for the parties at length and perused the record.