BIMLA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) THE learned counsel for the petitioners has confined the case of the petitioners for the relief of ' 12901/- wrongly deducted from the DCRG of the original petitioner, who died on 1.2.2008 during the pendency of the petition.

(2.) THE brief facts of the case are that the pay of the petitioner was fixed at ' 8100/- on 1.1.1997 and ' 8375/- on 1.1.1998. THE petitioner was allowed the benefit of additional pay of ' 50/- w.e.f. 1.11.1994 even though the petitioner was entitled to w.e.f. 1.1.1993 as per the Finance Department letter dated 17.2.1993.

(3.) IT has been submitted by the learned counsel for the petitioner that the petitioner neither misrepresented nor played fraud for obtaining pecuniary benefit of ' 12901/-. The respondents of their own gave benefit of ' 12901/- to the petitioner which he has accepted. The respondents without issuing any notice to the petitioner have wrongly, illegally deducted an amount of ' 12901/- from the DCRG of the petitioner. The learned counsel for the petitioner has relied Syed Abdul Qadir and others vs. State of Bihar and others (2009) 3 SCC 475.