MEWA SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The Instant petition filed under Article 226 of the Constitution prays for quashing notice dated 30.7.2003 (P -4) and order dated 1.7.2005 (P -6). A further prayer has been made for directing the respondents not to recover the benefit granted to the petitioner of the military service rendered during the national emergency for the period from 26.10.1962 to January, 1968 and December, 1971 to August, 1975, towards increments in accordance with the Punjab Government National Emergency (Concession) Rules, 1965.

(2.) It is apposite to mention that on 30.7.2003, a notice was issued to the petitioner regarding re -fixation of pay of the petitioner after withdrawal of the benefits of military service (P -4). On 14.8.2003, the petitioner gave a detailed reply to the aforementioned notice (P -5). After lapse of two years, vide impugned order dated 1.7.2005 (P -6), respondent No. 5 ordered recovery of Rs. 1,13,195/ - for the period from 25.12.1973 to 30.11.1980 as well as Rs. 5,703/ - + Rs. 1,07,492/ - for the period from 1.12.1980 to 30.4.2003. The aforementioned amounts have been ordered to be recovered from the gratuity and leave encashment payable to the petitioner.

(3.) Mr. Vikas Sharma, learned Counsel for the petitioner has argued that no recovery could be effected in view of settled principles of law as laid down by Hon'ble the Supreme Court in case of Sahib Ram v/s. State of Haryana, 1995 (1) S.C.T. 668 (P&H. According to the learned Counsel, there is no element of fraud or misrepresentation on the part of the petitioner and in these circumstances no recovery can be fastened on him.