CHIEF EXECUTIVE OFFICER Vs. PURAN SINGH

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge, quashing recovery of the amount ranging from 15,000/- to 30,000/- approximately, from the four respondents who were posted as Sweepers in the office of the appellant.

(2.) In the year 2001, the respondents who were working as Sweepers were granted increment w.e.f. 1.1.1996. After about five years i.e. on 28.6.2006, without giving any hearing to the affected parties, it was declared that the increment was wrongly given on account of which the payments made were required to be recovered. On their filing writ petition in this Court, being C.W.P. No.5565 of 2007, order dated 19.4.2007 was passed, directing the appellant to take a decision on the legal notice served by the respondents. In pursuance thereof, order dated 28.11.2007, Annexure P - 2, was passed, stating that the increment was wrongly given, for which responsibility was of Harish Gupta, Office Superintendent and Balwinder Singh, Clerk and recovery was called for. Against the said order, the respondents filed writ petition, giving rise to the impugned order, inter - alia, stating that the recovery was effected without giving any opportunity of hearing to them. In absence of allegation of their having made misrepresentation in the matter of grant of increment, the recovery was not permissible.

(3.) The writ petition was contested on the plea that temporary service rendered by the respondents could not be taken into account for counting the service period which entitled them to increment. It was further pleaded that illegality came to the notice of the concerned authority at later point of time, for which action to retire Balwinder Singh, Clerk was taken.