RAMESH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been preferred under Article 226 of the Constitution of India, for issuance of a writ in the nature of certiorari, quashing order dated August 17, 2012 (Annexure P-3) regarding recovery of L 3,43,542/- from the retiral dues of petitioner, on account of withdrawal of Scale of L 1200-2100 and to refund the same with interest.

(2.) Petitioner retired from the office of respondent No.3 on March 31, 2012 as E. Mechanic. He was initially appointed on work charge basis by respondent No.2 in accordance with Rule 10.8 of the Departmental Financial Rules. His services were regularised by the Government vide order No.9/23/96-IPP 3(5) dated March 13, 1996 (Annexure P-1). 3rd Pay Commission [The Punjab civil Services (Revised Pay) Rules, 1988] recommended that existing pay scale (450-800, 510-800, 510-880, 525-825) of the skilled and semi skilled workers be revised to L 1,200-2,100/- and they be re-designated as Technician Grade-III. Accordingly, petitioner was re-designated as Technician Grade-III and his pay scale was revised to L 1,200-2,100/- w.e.f. January 01, 1986. Subsequently, his pay scale was further revised under 4th as well as 5th Pay Commission reports. However, respondent No.3 passed an order dated September 11, 2002, vide which, benefit granted vide 3rd Pay Commission Report was withdrawn. Petitioner retired from service on March 31, 2012. Respondent No.5 issued Gratuity sanction letter dated August 17, 2012 (Annexure P-3), wherein a sum of L 3,43,542/- was mentioned to be recoverable on account of withdrawal of scale of L 1,200-2,100. This letter has been impugned by the petitioner in the instant writ petition.

(3.) Heard.