SOM NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Admittedly, the petitioner had been granted the higher pay scale on the premises that he had completed 10 and 20 years of service. The respondents have, however, sought to recover the excess amount paid on the plea that the petitioner was not entitled to the same and also to re-fix his pay as per the chart laid out. The learned counsel for the petitioner has argued that the petitioner would be satisfied if a direction is issued to the respondents that as no fault or mis-representation has been attributed to him in the grant of the aforesaid pay scales, the recovery of the excess amount should not be made from him. He has, in this connection, cited Sahib Ram v. State of Haryana, 1995 1 SCT 668 and E.S.P. Rajaram and others v. Union of India and others, 2001 1 SCT 759. We find that the aforesaid judgments clearly support the case of the petitioner. We accordingly direct that no recovery shall be made from the petitioner of the excess amount allegedly paid. As far as the re-fixation of the pay of the petitioner is concerned, he is at liberty to approach the Department and if permissible under law, exercise his fresh options with regard to the change of date.

(2.) The writ petition is accordingly disposed of.