LABH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS petition has been filed by the petitioner for refixation of his pension and refund of the amount recovered on account of withdrawing of the benefit of the Proficiency step up. The petitioner was employed as Junior Assistant in the office of the Executive Engineer, Construction Division, SYL Project (Punjabi) Kharar and retired on 31.03.2009 on attaining the age of superannuation. In pursuance to objections raised by the Internal Audit Wing of Punjab Finance Department, 16th year proficiency step was withdrawn and the pay of the petitioner was re -fixed w.e.f. 01.01.1996. Thereafter, the payment of his retiral benefit was made after deducting the amount of Rs. 68,650/ -.

(2.) AT the very outset, the learned counsel for the petitioner states that he would not challenge the re -fixation of pension but restrict his prayer to the extent that recovery effected from the retiral benefits should be refunded to the petitioner on the ground that no fraud or misrepresentation was committed on the part of the petitioner.

(3.) HAVING heard both the learned counsel and going through the case law cited above, I am of the opinion that the amount of money which has been paid to the petitioner cannot be recovered in the light of observations made by the Hon'ble Supreme Court in Chandi Parsad Uniyal's case (supra) which carves an exception relying upon the earlier judgments of the said Court that such benefits released to the employees during the service cannot be recovered from the retiral benefits. Paras 14 and 17 of the said judgment would be relevant and the same are reproduced herein below: -