DESHBIR SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the communication No. LFAP/J/2019-20/2025 dtd. 16/9/2019 addressed by the respondent No. 5 to respondent No. 4, whereby recovery has been made for Rs.18,53,153.00 post retirement of the petitioner and also prayer has been made for commanding the respondents to revise the monthly pension of the petitioner on the basis of the last pay so drawn by the petitioner as Rs.55,260.00.

(2.) It is stated that the respondents cannot recover the amount of Rs.18,53,153.00from the pensionary benefits of the petitioner after his retirement, particularly when the benefits in terms of SRO 59 of 1990 dtd. 16/2/1990 and SRO 14 of 1996 dtd. 15/1/1996 were granted to the petitioner not on the basis of any misrepresentation or fraud on the part of the petitioner. The petitioner has placed on record the impugned communication and the copy of the Service Book as well.

(3.) Response stands filed by the respondents, in which it has been stated that the petitioner has drawn dual benefits under SRO No. 59 (supra) as also under SRO 14 (supra) which is impermissible under law, as such the same amounts to unjust enrichment and therefore the amount is required to be recovered from the petitioner. It is also stated that the petitioner was granted the benefits of SRO 14 w.e.f. 1/1/1995 and thereafter the petitioner drew the benefits of second time bound promotion in terms of SRO 14 w.e.f. 1/2/2000. It is further stated that the pension of the petitioner was re-fixed as Rs.18,200.00 keeping in view the fact that the pay admissible to the petitioner was Rs.36,400.00. More so, SRO 59 (supra) stands withdrawn by virtue of Government order No. 165-F of 2003 dtd. 11/8/2003. The respondents have also given in tabular form the benefits availed by the petitioner from time to time.