TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the challenge is to the action of the respondents in recovering an amount of Rs. 1,46,370/- from the retiral benefits of the petitioner, vide impugned order dated 14.06.2010 (Annexure P-2).

(2.) As per the averments made in the writ petition, petitioner was appointed as a Carpenter under respondent No.3 at the RSD Shahpur Kandi Township, Pathankot. The Government of Punjab revised the pay-scale of its employees in the year 1988 w.e.f. 01.01.1986 and upon the said revision, petitioner was granted the pay-scale of Rs. 1200-2100. The said pay-scale was extended to the petitioner and he was re-designated as a Technician Grade-III keeping in view the pay-scale, which he was granted w.e.f. 01.01.1986. In the subsequent revision also, the revision commensurate to the pay-scale of Rs. 1200-2100, was extended to the petitioner.

(3.) In the year 2002, to be precise on 11.09.2002, respondents passed an order by which the benefit of the pay-scale of Rs. 1200-2100 was withdrawn from the petitioner on the ground that the same was wrongly extended to him and other similarly situated persons. The said action of the withdrawal of the pay-scale of Rs. 1200-2100 was challenged before this Court in CWP No.1067 of 2003. The said writ petition was disposed of by this Court on 27.03.2009, wherein, the action of the respondents in withdrawing the pay-scale of Rs. 1200-2100 was upheld. With regard to the recovery of the excess amount, which the petitioner and other similarly situated employees had withdrawn, was left to be decided by the respondents at their own level keeping in view the financial burden and the hardship, which was to be faced by the employees. The action of withdrawal of the pay-scale of Rs. 1200-2100 was upheld by the Hon'ble Supreme Court in the appeal preferred. After the action of the respondent-department of withdrawing the pay-scale of Rs. 1200-2100 was upheld up to the Hon'ble Supreme Court, respondents decided to effect the recovery of excess amount from the petitioner as well as the similarly situated employees. Before any recovery could be done from the petitioner, he attained the age of superannuation on 30.04.2009. After the petitioner superannuated, the respondents passed an order dated 14.06.2010 (Annexure P-2) for the recovery of Rs. 1,46,370/-. Similar orders were also passed in the case of other colleagues of petitioner, from whom also the benefit of the pay-scale of Rs. 1200-2100 was withdrawn. The challenge in the present writ petition is to the order of the recovery on the ground that recovery cannot be done from a retired employee and further, there was no misrepresentation on behalf of the petitioner to secure the said pay-scale and as the decision to withdraw the pay-scale of Rs. 1200-2100 was of the respondents themselves, the excess amount, which has been paid to the petitioner, cannot be recovered.