(1.) PETITIONER has approached this Court praying for quashing of the letter dated 01.12.2012 (Annexure P -3), vide which he has been called upon by the Assistant General Manager, Punjab National Bank, Sector 26 -D, Chandigarh -respondent No. 3 to refund the amount of Rs. 4,00,650/ - being an excess payment of pension for the period 01.01.2006 to 30.09.2012.
(2.) IT is the submission of the counsel for the petitioner that the petitioner joined the Department of Police, Haryana, as Constable on 25.04.1970 and retired from service as an Upgraded Constable on 31.10.2004 from the office of the Superintendent of Police, Panchkula. The pension of the petitioner was fixed provisionally because of the departmental proceedings pending against him. After the finalization of the departmental proceedings, regular pension was granted to the petitioner. The pension was being credited to his account by the bank as was fixed by the Accountant General, Haryana and the petitioner had been utilizing the same as and when required. Now vide a communication dated 01.12.2012 (Annexure P -3), he has been called upon to refund an amount of Rs. 4,00,650/ -, which, according to the bank, has been credited in excess in his pensionary account, which, the counsel contends, cannot be permitted in the light of the fact that the petitioner had nothing to do with the fixation of pension or disbursement thereof.
(3.) ON the other hand, counsel for the State submits that the pension of the petitioner was rightly fixed by the Accountant General, Haryana and the details thereof have been mentioned in preliminary submissions of the reply. The same reads as follows: -