SHIV KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner was inducted into the service of the respondents as a Constable. He came to be promoted first to the post of Head Constable and thereafter to the post of A.S.I. While holding the post of A.S.I., the pay of the petitioner was fixed at par with the pay being drawn by his juniors. While reviewing the aforesaid order, the authorities have arrived at the conclusion by an order dated 30.6.2003 (Annexure P.7) that the petitioner has been granted benefits of higher fixation in pay erroneously. It is in the aforesaid circumstances that the pay of the petitioner has been re-fixed and the excess payment made recovered.

(2.) Learned counsel for the petitioner states that the petitioner does not desire to press his claim against the re-fixation of his pay by the impugned order dated 30.6.2003. He, however, wishes to impugn the said order to the extent that it orders recovery of the excess amount already paid to him.

(3.) On our asking Mr. Ashok Aggarwal, Additional A.G., Punjab, accepts notice on behalf of respondents Nos. 1 to 3.