SANT SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner (Teacher) in Education Department, on reaching age of superannuation, has retired on 31st of January' 1998. Papers for settlement of pension were submitted by respondents No. 1 to 4, but respondent No. 5 on scrutiny of the records pointed out that the pay of the petitioner was not fixed correctly w.e.f: 1st of April 1987 to the date of retirement. The pensionary benefits were authorized after withholding Rs. 30,000/-. At the same time, respondents No. 1 to 4 were asked to furnish the details of excess pay drawn by the petitioner from 1st of April' 1987 till the date of his retirement. After lapse of a considerable time, respondents No. 1 to 4 in their affidavit have stated that the due and drawn statement has been furnished to respondent No. 5 and it is respondent No. 5, who has to take the final decision. On the basis of the objections raised by respondent No. 5 vis-a-vis incorrect fixation of the pay from 1987, respondent Zonal Education Officer has prepared the statement wherein Rs. 28,903.28 paisa are shown to have been drawn in excess.

(2.) Petitioner in the objections has contended that the pay was fixed by the authorities concerned at the relevant point of time i.e., in the year 1987 and therefore, petitioner had no role in such fixation nor anything wrong is attributable to the petitioner. At the fag end of the service, i.e., at the retirement of withholding gratuity and payment of less pension is to operate harshly against the petitioner when in terms of the Service Rules it is only last pay of 24 months which the authorities can look into for the purpose of fixation of the pension. Respondent No. 5 in opposition has stated that certain amounts have been wrongly drawn therefore, same cannot be waived.

(3.) While considering the rival submissions as advanced by the learned counsel for the parties, what emerges is that from the year 1987, authorities concerned have fixed the pay of the petitioner, then petitioner has retired in the year 1998 and still he is clamoring for final settlement of his pension case.