BHARPUR SINGH Vs. PRTC AND ORS.

JUDGEMENT

(1.) Prayer in this writ petition is for quashing of order dated 09.11.2012 (Annexure P -4) whereby pay of the petitioner has been reduced alongwith consequential reduction in pensionary benefits. It is contended by counsel for the petitioner that recovery and reduction of pay is in violation of the principles of natural justice as there has been no misrepresentation or fraud on his part. It is further contended that said action on part of the respondent corporation is illegal and arbitrary, consequently the same is liable to be set aside. Written statement on behalf of the respondents has been filed in court today with a copy thereof to learned counsel for the petitioner. Same is taken on record subject to just exceptions.

(2.) It is accepted by the corporation that the petitioner who superannuated on attaining the age of 58 years on 29.02.2012 was granted benefits as per ACP Scales on completion of 8, 16 and 24 years of service. It is at the time of preparation of petitioner's pension case that it came to light that his salary had been wrongly fixed as on 01.04.1994. In this view of the matter, his pay was refixed vide impugned memo dated 09.11.2012 (Annexure P -4), admittedly passed after his retirement.

(3.) Learned counsel for the respondents is unable to dispute that no notice whatsoever was ever served upon the petitioner before refixation of his pay vide order dated 09.11.2012. Petitioner had been receiving the pay before impugned order since over twenty years. It is, in fact, urged that no opportunity is required to be afforded to the petitioner as it is only a correction of wrong entry made by the officials of the respondents while fixing petitioner's pay. It is, however, not disputed that there was no misrepresentation or concealment on the part of the petitioner who has been receiving the said pay since the last so many years till the passing of the impugned order.