SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks quashing of order dated 20.10.2009 (Annexure P1) passed by the Director Health and Family Wclfare,Punjab, Chandigarh ordering recovery of Rs. 1,21,445/- from him on the allegations that the petitioner was guilty of committing fraud in preparation of the vouchers and he received over-payment towards 'family planning' and 'handicapped allowance' etc.

(2.) The conclusion drawn by the competent authority while passing the impugned order to be precise is that the petitioner was not a physically disabled person at the time he was discharged from military service or at the time of his appointment in civil service against the post reserved for physically challenged persons.

(3.) The case has a chequered history. The petitioner served the Indian Army during National Emergency and joined the respondent department as a Clerk on 19.09.1979 after his discharge from the Army. The petitioner retired from service on attaining the age of superannuation with effect from 31.5.1998. Since the respondents did not grant the service benefits to the petitioner in accordance with Rule 4 of the Punjab Government National Emergency Concessions Rules 1965, or the Demobilized Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non-Technical Services) Rules, 1968, the petitioner approached this Court in CWP No. 1257 of 1986 which was allowed vide order dated 4.2.1988. The State of Punjab challenged the said decision by way of LPA No.319 of 1988 which was partly allowed on 8.12.1989 to the extent that the benefit of military service other than rendered during the National Emergency as was granted to the petitioner by the learned Single Judge, was set aside.