HARISH KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Relief claimed in the present writ petition, filed under Articles 226/227 of the Constitution of India, is to quash order dated 10.09.2012 (Annexure P/2) and 25.09.2012 (Annexure P/3), whereby recovery of Rs.94,427/- has been effected against the petitioner, with a further prayer to direct the respondents to release the retiral benefits alongwith interest and regular pension and to pay-back the aforesaid amount which the petitioner deposited under protest as the entire retiral benefits were withheld.

(2.) Contention raised by learned counsel for the petitioner is that the recovery from the retiral benefits of the petitioner could not be effected as the petitioner retired on 30.6.2012 and vide order dated 3.9.2012/10.09.2012 passed by respondent no.2, an increment on account of proficiency step up was withdrawn and recovery of Rs.94,427/- was effected on that basis.

(3.) Learned counsel for the petitioner further contended that as per law laid down by Hon'ble Apex Court in State of Punjab and others Vs. Rafiq Masih (White Washer) etc., 2015 4 SCC 334, such recovery could not be effected.