NACHHATTAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The appellant has challenged the appellate Court order dated 10.05.2012.

(2.) The appellant was working as a Science Master. His pay was increased on 15.07.1977 by giving two additional increments and further on 01.01.1988, one more additional increment was given. He attained the age of superannuation retired from service on 31.10.2008. Thereafter, during the audit, the audit people objected stating that the appellant has been wrongly given higher emoluments by means of granting increments on two occasions i.e. on 15.7.1977 and 01.01.1988, which was not due to the appellant in accordance with law. The same was rectified. Consequently, at the time of releasing retiral benefits a sum of Rs. 3,50,000/- has been deducted/adjusted from the DCRG and further the appellant was directed to remit the balance amount of Rs. 1,76,892/-.

(3.) The learned counsel for the appellant submits that the appellant was compelled to pay the balance amount for want of issuance of pension payment order. The respondent-State has taken undue advantage stating that the appellant has admitted and for the reasons that he has remitted the balance amount. Re-fixing of pay and order of recovery has not been made available to the appellant, so also to this Court for deciding the present case. They are relying on the noting made in the settlement of retiral benefits, showing the details of the amount to be recovered from the appellant. Heard learned counsel for the parties.