- (1.) The matter comes up on I.A.No.14477/2015, preferred on behalf of the State-respondents under Article 226 (3) of the Constitution of India seeking vacation of ex-parte interim order dated 8th October, 2009, staying the operation of impugned order dated 1st September, 2009, for recovery of excess payment on account of wrong pay fixation. However, in view of the nature of the controversy involved and adjudication on the issue by a Co-ordinate Bench of this Court at Principal Seat, at Jodhpur as well as with the consent of the learned counsel for the parties, the matter was taken up for final disposal at this stage.
(2.) Aggrieved of the action of the State-respondents of the order made for recovery of an amount of Rs.1,33,006/-, calling upon the petitioner to deposit the same within three days; the petitiioner has approached this Court praying for the following relief(s): (i) Quash and set aside the impugned orders dated 01/09/2009 (Annexure.1). (ii) The non-petitioners may kindly be directed, not to stop the retirement benefits of the petitioner and pay whole gratuity, P.F.amount and pension with all the retirement benefits. (iii) That the entire aforesaid amount should be given with interest of 24% per annum. (iv) Any other order or relief which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioners."
(3.) Briefly, the indispensable skeletal material facts necessary for appreciation of the controversy raised are that the petitioner, who was initially appointed on the post of "Sub-Nakedar:, on 1st July, 1976 in Nagar Palika Nadwai, Bharatpur, attaining the age of superannuation retired on 31st July, 2009. The respondents realised their mistake in wrong pay fixation while according benefit after completion of 18 years of service on the post of "Gram Sevak Paden Sachiv", in the pay scale of Rs. 5000-8000/- with effect from 1st May, 2001, vide order dated 16th August, 2005, concluded that the petitioner ought to have been fixed to the pay scale of Rs.4000-6000/-.In view of the audit objection, the amount of excess payment made to the petitioner was worked out which totalled to rupees is 1,33006/- (one lac thirty three thousand six) and consequently, the impugned order dated 1st September, 2009, was issued calling upon the petitioner to deposit the same.;