SHEETLA DEVI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Common question of law with similarity of facts and circumstances being involved, these petitions were heard and are being disposed of by common order.

(2.) Most of the petitioners are the retired employees of the State Government or of various State owned Corporations and autonomous bodies. However, some of them still in service. They are aggrieved of action of the respondents in relization of their salary and consequential recovery either on the basis of the objection raised by the Accountant General, the audit inspection or under other circumstances. The issue involved is re-fixation of the salary, consequential recovery and even reduction in the pensionary benefits. Since on the basis of the legal issues, the controversy involved in all these petitions can be conveniently sorted out, settled, factual back ground in each case is not being addressed to.

(3.) The question of re-fixation and recovery had been considered by the Hon'ble Apex Court in the case of Sahib Ram versus State of Haryana, 1994 5 SLR 753 which was later on followed in the case of Purshotam Lal and others versus State of Bihar and others,2007 1 RSJ 150 wherein it has been held that where any benefit has been granted to an employee without any misrepresentation or fraud attributed to him, the employer has the right to re-fix the salary/emoluments, but without right to recover such benefits already granted to the employee.