LAWS(P&H)-2019-5-218

BHOLA SINGH Vs. STATE OF PUNJAB

Decided On May 22, 2019
BHOLA SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) In the present writ petition, challenge is to the order dated 22.04.2015 (Annexure P-7) by which pay of the petitioner has been re-fixed and a recovery has been ordered to the tune of Rs. 35,108/- for the period from 01.03.2010 till 31.01.2013.

(2.) The facts, which have been mentioned in the writ petition are that the petitioner was appointed as a Punjabi Teacher on 21.12.1978 on ad-hoc basis and he continued working as such when his services were regularized on 01.10.1980. Thereafter, petitioner was promoted to the post of Punjabi Master and was granted higher pay scale. Petitioner attained the age of superannuation on 31.01.2013. After the retirement of the petitioner, the case of the petitioner was sent to the Audit Department for fixation of the pensionary benefits, which had raised an objection that petitioner has wrongly been granted the benefit of ACP after 24, 32 years of service and, therefore, the pay of the petitioner needs to be re-fixed from 01.01.1996 and a recovery is to be ordered from the employee from 01.03.2010 till 01.01.2013 amounting to Rs. 35,108/-. In view of the objection so raised, the pay of the petitioner was re-fixed vide order dated 22.04.2015 (Annexure P-7) and recovery of Rs. 35,108/- was ordered from the petitioner. The said amount has already been recovered from the pensionary benefits of the petitioner. Order dated 22.04.2015 (Annexure P-7) is under challenge in the present writ petition.

(3.) Upon notice of motion, respondents have filed the reply. In the reply, it has been stated that for the benefit of Assured Career Progression Scheme (ACP Scheme) after 8, 16,24 and 32 years of service, which is to be granted w.e.f. 01.01.1996, a condition is there that where an employee has been placed in the selection scale and has been granted benefit of one or more increment, the service prior to the rendering of the said benefit cannot be counted towards the computing 8, 16, 24 and 32 years of service for the grant of ACP Scheme. The relevant paras of the reply are as under :-