HANS RAJ Vs. UNION OF INDIA
LAWS(J&K)-1999-12-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 02,1999

HANS RAJ Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) The petitioner first joined Indian Army in January, 1957. He was sent on reserve category in the year 1967. In April, 1968 he joined Border Security Force as a Constable from where the super-annuated as Head Constable on 30th June, 1993. His pension case was forwarded to AAD BSF, New Delhi by respondent No. 3 vide letter dated 22.6.1993. The latter vide letter dated 7.7.1993 directed refixation of petitioner's pay as a re-employed ex- serviceman. These facts are not disputed by the respondents. His pay was accordingly refixed and an amount of Rs. 40,307/- was found over-paid to him from January, 1986 to 30.6.1993, the date he super-annuated. Consequently, the respondents proceeded to recover this amount by adjusting it against the gratuity and leave encashment.
(2.) This action of the respondents is challenged by the petitioners inter-alia on the ground that it is arbitrary and illegal because he was never intimated during 25 years of his service that any amount was due from him, on account of excess payment of salary.
(3.) The stand of the respondents is that over-payment of salary was noticed only by the Pay Accounts Division BSF, New Delhi who vide letter dated 7.7.1993 raised an objection that pay of the petitioner be refixed treating him as a re-employed ex-army personnel. His pay was accordingly got refixed from Frontier Head Quarters (Fin. Sec) New Delhi, vide letter dated 10.9.93. It was on account of this refixation that the petitioner was found to have been over-paid salary to the tune of Rs. 40,307/-.;


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