DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court by filing present writ petition under Articles 226/227 of the Constitution of India, seeking a writ of mandamus for directing the respondents to release the amount of Rs.70,000.00 which has been deducted by the respondents on account of wrong fixation of salary/excess payment.

(2.) Brief facts, as have been pleaded in the petition, are that the petitioner had joined as Clerk on 15/10/1981 in the office of respondent No.3 - Municipal Council, Gurdaspur and retired from service on 31/7/2014 on attaining the age of superannuation. It has been pleaded that the respondent-department has recovered a sum of Rs.70,000.00 from the petitioner in instalments from year 2010 to 2013 from the account of the petitioner on the ground that salary of the petitioner was wrongly fixed and excess payment was made to him. Petitioner submitted a representation dtd. 12/5/2016 to the respondents for releasing the deducted amount of Rs.70,000.00 as per law laid down by the Hon'ble Supreme Court in State of Punjab and others v. Rafiq Masih (White Washer) and others, 2015(1) SCT 195. But no action has been taken on the said representation, therefore, petitioner has approached this Court through instant writ petition.

(3.) Separate written statements have been filed on behalf of respondents No.1 and 2 and respondent No.3-Municipal Council, Gurdaspur. In its reply, respondent No.3 has taken the following stand: