ASHOK KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) In the present writ petition, the grievance which is being raised by the petitioner is that after the retirement of the petitioner from service on 31/1/2017, the pay of the petitioner was re-fixed and upon re-fixation, a sum of Rs.1,16,762.00 has been recovered from the gratuity on account of excess payment. The said action of recovery is under challenge before this Court in the present writ petition.

(2.) Learned counsel for the petitioner prays that a direction be issued to the respondents to refund the said amount of Rs.1,16,762.00, which has been recovered from the gratuity of the petitioner on account of excess payment as no recovery can be made from a retired employee.

(3.) Facts stated in the writ petition are that the petitioner was an employee of Government of Punjab in the Department of Irrigation working as Steno Typist. He joined on the said post on 11/6/1985 and kept on working on the said post till attaining the age of superannuation on 31/1/2017. After the petitioner retired, the case of the petitioner was sent to the Accountant General, Punjab for approving of the pensionary benefits, which the petitioner was entitled for after his retirement. Certain objections were raised by the office of Accountant General, Punjab with regard to the admisibility of the benefits under the ACP scheme and the directions were given to the Administrative Department to re-fix the salary of the petitioner. Keeping in view the directions given by the Accountant General, Punjab, vide letter dtd. 15/2/2017 (Annexure P-1), the salary of the petitioner was re-fixed on 23/2/2017 and after the refixation of the salary, it was found by the respondents that sum of Rs.1,16,762.00 was paid in excess to the petitioner and the same is needed to be recovered. The said amount was recovered from the gratuity of the petitioner, which action of the respondents is under challenge in the present writ petition.