BALJEET SINGH KHATKER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are employees of the Irrigation Department. They have moved this court for quashing of the recovery sought to be made by the respondents on the basis of Annexures-P.3, 3a and 4.

(2.) The facts giving rise to this petition are that as employees of the Irrigation Department the petitioners have been maintaining and cultivating the land of the Canal Rest Houses under para 13.27 of the Revenue Manual without entering into any lease agreement with the department. The trees and their produce standing on the land of the Canal Rest House is being annually auctioned by the government. Vide Annexure-P.3, the Executive Engineer issued a circular for conveying the decision of the General Manager (Projects), Irrigation Department, requiring all persons to deposit their dues pending against them on account of cultivation charges. Annexure-P.3a is a statement of the amount due from the employees of the Irrigation Department for the year 1995-96 in respect of Narwana Sub Division. Annexure-P.4 is a circular issued for recovery of long standing monetary dues.

(3.) The grievance of the petitioners is that the respondents have started recovery from their pay without complying with the principles of natural justice. They have asserted that no action oriented notice or opportunity of hearing was given by the concerned authorities before taking steps to make recovery of the alleged lease amount from their pay.