KEWAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Additional affidavit has been filed by the respondents-State in the Court today, which is taken on the record.

(2.) The instant writ petition has been filed seeking to impugn the action of the respondents withholding a sum of of ' 1,20,575/- from the DCRG on account of recovery of over payment due to re-fixation of his pay w.e.f. 25.07.1978 which fact came to the notice of the petitioner in the reply (Annexure P-6) received by him in response to the legal notice dated 15.12.2012 (Annexure P-5) served by him upon the respondents.

(3.) The writ petition came to be filed on the ground that the recovery effected from the retiral benefits was wholly illegal and not sustainable. In fact, the pay of the petitioner was fixed as far back as 1978 and at that time there was no misrepresentation or fraud played by the petitioner. Reliance in this regard would be placed on a judgment rendered by this Court in State of Punjab & Ors. vs. Rafiq Masih (White Washer) etc., 2015 4 SCC 334, which specifically would bar any recovery to be made from an employee in the following situations: