The petitioner is a retired Collection Amin. He has challenged the order dated 04.02.2016 whereby re-fixation of his salary has been made and consequential order for the recovery of the excess amount has been passed.
Learned counsel for the petitioner submits that he is a Class III employee. He reached the age of superannuation on 30.06.2010 and there is no allegation that the petitioner has made any misrepresentation or fraud.
The Court has granted time to the learned Standing Counsel on 03.03.2016 to file counter affidavit. It is stated that an information has been sent on 31.03.2016 to the authority concerned but no instruction has been received.
Learned Counsel for the petitioner has placed reliance on the judgment of Supreme Court in the case of State Punjab and others v. Rafiq Masih (Whitewasher), JT 2015 (1) SC 95 wherein it has been held that no recovery shall be made from the retired Class III and IV employees.
Matter needs consideration.
Learned Standing Counsel is granted further two months time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case in the week commencing 01.08.2016.
Till the next date of listing the effect and operation of the impugned order dated 04.02.2016 passed by respondent no.2 for recovery or adjustment of the excess amount, shall remain stayed.
Order Date :- 19.4.2016 AU