HIMMAT BHARTI Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner who is retired employee of P.H.E.D department is challenging validity of the order dated 25.05.09 passed by Assistant Engineer, Public Health and Engineering Department, Construction Sub Division-III, Jodhpur and prayed that respondents may be directed to make payment of entire retiral dues after making proper fixation as per revised payscale rules, 2006 with interest @ 12% within stipulated period.

(3.) AFTER hearing learned counsels for the parties, I am in full agreement with the argument of learned counsel for Pension department that an employee is entitled for all benefits including retiral benefits in accordance with law and by mistake any benefit is given by the administrative department, then it is the duty of Pension department to point out the same for the purpose of correcting the mistake of department. There is strength in argument of learned counsel for the petitioner also that when petitioner is not responsible for any mistake and mistake is committed by the administrative department, then no recovery can be made at this stage from the petitioner because he has already been superannuated from service.