G.S. Sandhawalia, J. - (1.) Petitioner seeks quashing of the order dated 29.04.2013 (Annexure P2) whereby recovery to the tune of Rs.2,05,968/- has been ordered to be effected from his gratuity, after a period of almost 3 months from the date of his superannuation, i.e., 31.01.2013.
(2.) As per the impugned order, the petitioner who was working as an Inspector with the respondent-Corporation and his pay had been fixed w.e.f. 01.01.2006. But some discrepancies were found w.e.f. 01.03.2008 and resultantly, on account of refixation, the said recovery has been ordered to be deducted. The pleaded case of the petitioner is that the said order was passed without notice to the petitioner and without affording any opportunity of being heard. The petitioner was not instrumental of getting the benefit of the revision of the pay-scale and there was no mis-representation by him.
(3.) In the written statement filed, the defence taken by the respondent-Corporation is that the pay of the petitioner was wrongly fixed at Rs.15,710/- and he was entitled to pay of Rs.13,760/- and therefore, he continued to draw higher pay w.e.f. 01.03.2008 till his retirement. At the time of retirement, the pay of the petitioner was sought to be refixed on account of which recovery order has been passed. Reliance has been placed upon the condition put in the retirement order dated 31.01.2013 wherein it is stated that if any amount was found to be due, the same was to be deducted from his gratuity. Resultantly, a self-declaration has also been taken from the petitioner (Annexure R2), at the time of his retirement, on the basis of which, the said action is defended.;