GIAN CHAND Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) In the present writ petition, the grievance of the petitioner is that vide impugned letter dated 06.02.2014 (Annexure P-5), an amount of Rs 23,321/- has been ordered to be recovered from the petitioner on account of excess amount paid to the petitioner from August 2009 till December 2012.

(2.) Learned counsel for the petitioner argues that keeping in view the law laid down by the Hon'ble Supreme Court of India in the case of State of Punjab v. Rafiq Masih, 2015 (1) SCT 195, no recovery of excess amount paid can be done from a retired employee and as the petitioner has already retired from service on 30.04.1996, the recovery which has been done by the impugned letter dated 06.02.2014, is contrary to the settled principle of law.

(3.) Counsel for the respondents, on the other hand, states that the pension of the petitioner was wrongly fixed in August 2009 and he was wrongly paid an excess amount to the tune of Rs 23,321/- up to December 2012 and the petitioner had already given an undertaking that in case any excess amount is found to be paid to the petitioner, the respondents are free to recover the same. The reply on behalf of the respondents is as under:-