LAWS(P&H)-2019-11-152

AVINASH SHARMA Vs. STATE OF PUNJAB

Decided On November 14, 2019
AVINASH SHARMA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) In the present writ petition, the grievance which is being raised by the petitioner is that after four years of the retirement of the petitioner on 31.10.2009, the salary of the petitioner was refixed by withdrawing certain benefits, which were extended to the petitioner during her service career and on account of withdrawal of the benefits, pay of the petitioner has been refixed and the respondents found that an excess payment of Rs.1,14,195/-has been given to the petitioner, which needs to be recovered.

(2.) Learned counsel for the petitioner states that petitioner is not challenging the re-fixation of her salary. The grievance is only with regard to the recovery of the excess amount of Rs.1,14,195/- after the retirement.

(3.) The facts, as stated in the writ petition, are that the petitioner joined as a Staff Nurse on 26.09.1973 on adhoc basis and the services of the petitioner was subsequently regularized w.e.f. 05.05.1975. Thereafter, petitioner was sent on deputation to the Chandigarh Administration in October, 1984 and continued working as Staff Nurse at General Hospital, Sector 16, Chandigarh till she attained the age of superannuation on 31.10.2009, when she ultimately retired. After the retirement, petitioner approached this Court by filing CWP No.8883 of 2011 as her retiral benefits were not being released by the respondents and the said writ petition was disposed of on 29.01.2013 on the ground that the retiral benefits have already been sanctioned and the amount will be disbursed to the petitioner within a period of four weeks.