AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner joined service with respondent department in July, 1968 as a Motormate and retired on 30.11.2006 on attaining the age of superannuation. In 1996 he was drawing salary in the pay scale of 3120-5160 including personal pay. After the new pay sales came into force w.e.f. 1996 his pay was fixed in the pay scale of 3120-6200. He availed this benefit till 2005 and it was brought to light that the new pay scale was wrongly granted to him and consequently as per the objections raised by the Finance Department the respondents ordered the recovery of excess payment made to him to the tune of Rs. 1,48,096/- which has already been recovered from his retiral benefits. The petitioner alleged that if his pay was wrongly fixed or some excess payment was allegedly made there was no concealment, misrepresentation or fraud on his part while doing so. In reply the stand taken is that the aforesaid recovery of an amount of Rs. 1,48,096/- made from the retiral benefits of the petitioner has been made as per rules. Reliance has been placed in the case of Union of India and others v. Smt. Sujata Vedachalam and others, 2000 9 SCC 187 wherein it has been held that the employer has a right to recover the excess payment made to any of its employees as and when the same comes to the notice of the employer. Reliance has also been placed on Chandi Prasad Uniyal & Ors. v. State of Uttrakhand and Ors., 2012 8 SCC 417 on the point that the excess payment of public money which is often described as "tax payer money" belongs neither to the officers who have effected over payment nor that of the recipients.

(2.) Learned counsel for the petitioner has argued that before effecting recovery no show cause notice or opportunity of hearing was given to the petitioner and the recovery that has been effected from the petitioner after his retirement is unsustainable and against the principles of natural justice.

(3.) Learned Addl. A.G. has defended the order passed by the respondents stating that the same was passed in accordance with law.