Gopal Krishan Vyas, J. - (1.) INSTANT writ petition has been filed by the petitioner against the order of recovery of amount of Rs. 12,597/ - which is said to be deposited by the petitioner under protest vide challan No. 54 dated 01.08.2000 (Annex. 7).
(2.) LEARNED counsel for the petitioner submits that for other employees, the respondents allowed the benefit of waiver for recoverable amount, therefore, the recovered amount which is said to be paid to the petitioner may ordered to be refunded. Learned counsel for the petitioner invited attention of this Court towards judgment of Hon'ble Supreme Court in the case of State of Punjab and others etc. v. Rafiq Masih (White Waster) etc decided alongwith number of other appeals and submits that Hon'ble Supreme Court issued certain directions for the purpose of recovery of amount which is said to be paid to the employees mistakenly. While inviting attention towards above facts and judgment, learned counsel for the petitioner submits that respondents may kindly be directed to refund the amount of Rs. 12,579/ - deposited by him under protest.
(3.) LEARNED counsel appearing on behalf of respondents vehemently opposed the prayer and submits that the amount which is wrongly paid to the petitioner can be recovered by the employer because there is no right created in favour of petitioner. It is also submitted that petitioner has already deposited the said amount, therefore, there is no question to refund the said amount.;