S.P. ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, four writ petitions, the details of which have been given in the heading, are being decided as all the writ petitions involve same question of law and the same facts.

(2.) The question of law as being raised by the counsel for the petitioner is whether after withdrawing the benefit from an employee and re-fixing his salary, recovery can be ordered from a Class-III and Class-IV employee, especially, the employees, who have already retired from service or are nearing their retirement keeping in view the law laid down by the Hon'ble Supreme Court of India in State of Punjab and others Vs. Rafiq Masih (White Washer) and Ors. 2015(4) SCC 334. For the purpose of the present writ petition, the facts are being taken from CWP No. 26412 of 2017.

(3.) After the petitioner was promoted as a Sectional Officer in March, 2010, his salary was fixed in the pay band of 9300-34800+4000 Grade Pay. While making promotion, petitioner was granted promotional increment also and his pay was accordingly fixed on 15.07.2010. Petitioner continued to get the salary after the same was re-fixed in the year 2010.