PARSHOTAM DASS Vs. HARYANA STATE

JUDGEMENT

(1.) The plaintiff is in appeal. He has concurrently lost before the two Courts below. A suit for declaration was filed by the plaintiff claiming that the recovery sought to be made from him was illegal, bad and liable to be set aside.

(2.) The facts which emerge from the record show that the plaintiff had filed a writ petition before this Court claiming higher scale. The aforesaid writ petition was allowed. The plaintiff was held entitled to the higher scale. However, arrears to be paid for such higher scale were restricted to a period of 38 months prior to the filing of the writ petition.

(3.) The order passed by this Court was not initially implemented. There was some delay. The plaintiff filed a contempt petition. In order to avoid any complications, the payment of entire arrears was made to the plaintiff. Subsequently, it was realised by the authorities that the payment of arrears had been restricted by this Court to a period of 38 months. In these circumstances, the excess amount paid to the plaintiff was sought to be recovered being not as per his entitlement in view of the judgment passed in Civil Writ Petition. The plaintiff challenged the aforesaid recovery proceedings by filing the present suit.