S.N. SINHA Vs. CHIEF SECRETARY
HIGH COURT OF GUJARAT
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(1.) The present appeal is filed against the judgment and order dated 28.2.2013 passed by the learned Single Judge in Special Civil Application No.6476 of 2002 whereby the learned Single Judge has dismissed the writ petition filed by the present appellant original petitioner challenging the order passed by the respondent dated 16.2.2002 directing the appellant to deposit the amount of Rs.1,39,212/- back to the Government exchequer, as the same amount has been drawn in excess by the appellant to which he was entitled as salary while working as President of the Gujarat Civil Services Tribunal.
(2.) The brief facts of the case may be mentioned that the present appellant was, after retirement, appointed as President of the Gujarat Civil Services Tribunal vide Government Notification dated 11.3.1996 for a period of three years. While appointing as President of the Gujarat Civil Services Tribunal, the appellant was entitled to receive emoluments of last pay drawn by him minus pension basis. The appellant served as President of the Gujarat Civil Services Tribunal from 12.3.1996 to 11.3.1999 during which period, he was entitled to receive emoluments of last drawn pay minus pension basis as per the terms of his appointment. At the time of retirement on 31.1.1996, the appellant was drawing salary of Rs.7900/- per month and thereafter, his pension was fixed at Rs.3910/- per month. Thus, the appellant was entitled to receive Rs.7900/- last drawn pay by him minus Rs.3910/- being pension fixed in his case which comes to Rs.3990/-. The aforesaid last pay as well as pension came to be revised. So, precisely, the appellant was entitled to receive the amount of Rs.24700/- minus Rs.8158/- which comes to Rs.16,542/- from the date of his appointment i.e. 12.3.1996 to the date of retirement i.e. 11.3.1999. The Government subsequently noticed that the pension of the appellant was further revised from Rs.8158/- to Rs.12025/- per month, due to which his pension was to be deducted at Rs.12025/- and not Rs.8158/- per month and, therefore, difference amount of Rs.3867/- per month has been directly paid to him being further revised pension and that precisely, the Government has directed to recover from the appellant. The salary as well as pension came to be revised with effect from the year 1996, but the said notification was issued in the year 1998 with retrospective effect. As the salary as well as pension came to be revised with retrospective effect, consequently therefore, the appellant was drawing his salary as per the old pay scale and due to revision of pay scale, the State Government has noticed that the amount of Rs.3867/- per month is being paid more to the appellant for a period of 36 months during which period, the appellant had served as President of the Gujarat Civil Services Tribunal. Hence, the order dated 16.2.2002 came to be passed asking the appellant to pay back the aforesaid amount i.e. Rs.3867 x 36 = Rs.1,39,212/-.
(3.) On receipt of the aforesaid order from the Government, the appellant preferred the aforesaid writ petition before the learned Single Judge contending that the aforesaid action on the part of the Government is arbitrary, illegal, in gross violation of the principles of natural justice and once the salary is drawn as per the rules and due to subsequent revision of pay scale, such excess amount cannot be recovered as per the settled principles of law.;
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