DHARAM PAL Vs. STATE

JUDGEMENT

(1.) It is contended that the basic pay of Petitioner was fixed at Rs. 1720/- and accordingly he was drawing the pay with effect from 1.4.1987 to 30.9.2004. He retired on 30.11.2006. Thereafter communication dated 11.6.2007 came to be issued by Respondent No. 3 indicating that the pay of Petitioner was to be fixed at the rate of Rs. 1670/- on 1.4.1987 instead of Rs. 1720/- in terms of SRO 370 and accordingly ordered for recovery of the excess amount paid to the Petitioner. It is further contended that the action of Respondents is illegal and without jurisdiction. Further the Respondents cannot effect recovery after his retirement nor can change the rate of pension and other service benefits.

(2.) Learned Counsel for Petitioner stated at bar that this Court has already passed a judgment in identical matter in SWP No. 1362/2006 and prays that the writ petition be allowed and Respondents be directed not to effect recovery of excess amount of pay and be restrained from reducing the rate of pension of Petitioner.

(3.) Mr. Basotra, learned AAG stated at bar that it is a fact that the matter is covered by the said judgment. However, Mrs. Mahajan, learned Counsel for Respondent No. 3 stated that the writ petition be disposed of on merits.