RAJ KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner who is a retired Junior Basic Teacher (JBT), joined the Education Department, Government of Punjab on 22.10.1974 initially on ad hoc basis, followed by regularization of his services w.e.f. 01.04.1977. He impugns and seeks quashing of the letter dated 09.03.2009 vide which his pay has been ordered to be refixed w.e.f. 22.10.1974 and consequential recovery sought to be effected on account of withdrawal of the benefit of higher grade.

(2.) While restricting his challenge qua the 'recovery' only, the petitioner's case is that he never misrepresented the facts nor played any fraud or used deceptive means to secure any monetary gain, therefore, even if the action of granting higher grade to him was erroneous or contrary to the Rules/Instructions, no recovery of the resultant emoluments already paid to him can be effected.

(3.) The respondents have not filed any counterreply/ affidavit and are unable to admit or deny as to whether or not the petitioner misled the authorities while seeking the aforesaid benefit.