Mahesh Grover, J. - (1.) THE Petitioner has filed the instant petition with a prayer that the amount which the Respondents have partially withheld and recovered from his G.P.F dues alongwith interest amounting to Rs. 51,356/ - be directed to be disbursed to him alongwith interest at the rate of 15% per annum from March, 2009 till its actual realisation.
(2.) THE case of the Petitioner is that the Respondents have deducted this amount on the plea that there were some excess amount paid to the Petitioner amounting to Rs. 14,662/ - in the year 1995 -96 and the Respondents had recovered this amount alongwith interest which when calculated came to Rs. 51,356/ -. The contention of the learned Counsel for the Petitioner is that there was no mis -representation on his part when the excess amount was paid to him and this on the parity of judgment rendered by Full Bench in CWP No. 2799 of 2008 titled as Budh Ram and Ors. v. State of Haryana and Ors. could not be recovered. The second contention that has been raised is that even if the deduction is said to be justified then also the Respondents were only entitled to principal amount of Rs. 14,662/ - and they could not recover this amount alongwith interest.
(3.) LEARNED Counsel for the Respondents have controverted the contentions which have been raised before this Court to say that the amount was paid to the Petitioner in excess which upon realisation was deducted from his GPF account and this amount of Rs. 14,662/ - was an erroneous entry made in his account and did not pertain to any benefit to which Petitioner was legally entitled to.;