RATTAN LAL SHARMA Vs. HARYANA STATE

JUDGEMENT

(1.) The plaintiff having lost before the learned First Appellate Court has approached this Court through the present Regular Second Appeal.

(2.) A suit for declaration was filed by the plaintiff challenging the recovery of Rs.20,345/-. It was claimed by him that pension had been released to him but the defendants had ordered recovery of the aforesaid amount which was illegal and bad. The defendants contested the suit and claimed that the recovery had been ordered on account of the share of the plaintiff towards the provident fund and the aforesaid amount was bound to be returned by the plaintiff alongwith interest which had been received by him earlier. The suit filed by the plaintiff was decreed by the learned trial Court.

(3.) The defendants took up the matter in appeal. The learned First Appellate Court re-appraised the entire evidence and came to the conclusion that if an option had been exercised by the plaintiff subsequently for receiving the pensionary benefits, then he had to return the benefits which he had received under the scheme for the provident fund etc. The plaintiff was further found to be liable to pay the aforesaid amount alongwith interest which he had received earlier. Consequently, the appeal filed by the defendants was allowed and the suit of the plaintiff was dismissed.