HARDAYAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was granted higher pay-scale as per letter dated 6th September, 2003. Petitioner was called upon vide Annexure A-1, dated 2nd August, 2004 to deposit a sum of Rs. 23,468/-. Admittedly, ' Petitioner has not been heard before issuance of Annexure A-1, dated 2nd August, 2004. Petitioner has neither mis-represented nor mis-led the authorities at the time of fixation of his pay as per letter dated 6th September, 2003.

(2.) Their Lordships of the Hon'ble Supreme Court in Syed Abdul Qadir and Ors. v. State of Bihar and Ors., 2009 3 SCC 475, have culled out the following principles governing the circumstances in which the excess amount cannot be recovered by the employer:

(3.) Accordingly, in view of the definitive law laid down by their Lordships of the Hon'ble Supreme Court referred to above coupled with the fact that there is violation of the principles of natural justice, the petition is allowed. Annexure A-1, dated 2nd August, 2004 is quashed and set aside. In normal circumstances, the Respondents could have been granted the liberty to proceed with the matter in accordance with law. However, the Petitioner has now retired. Consequently, the matter is closed. It is made clear that the amount of recovery made from the Petitioner shall be refunded to him. The Petitioner is also held entitled to interest at the rate of 9% per annum on the same. The needful be done within a period of ten weeks from today. No costs.