JUDGMENT

ANIL R. DAVE, J.

1. Being aggrieved by the judgment delivered in Writ Petition No.95 of 2005 by the High Court of Uttarakhand at Nainital on 14th November, 2006, this appeal has been filed by the appellant – employee, from whom excess amount of salary, which had been paid by mistake is sought to be recovered and whose pension is also sought to be reduced.

2. The appellant retired on 31st December, 2003 as an Assistant Engineer and on the basis of his last salary drawn, his pension had been fixed. At the time of his retirement, his salary was Rs.11,625/ – and on the basis of the said salary, his pension had been fixed.

3. After a few years of his retirement, it was found by the respondent – employer that salary of the appellant had been wrongly fixed in 1986 and therefore, his salary had been re – fixed by an order dated 23.03.2005. On the basis of the re – fixed salary a sum of Rs.99,522/ – was sought to be recovered and for that purpose a notice had been issued to the appellant on 23.04.2005. In pursuance of the incorrect fixation of his salary in 1986, his salary at the time of his retirement had also been reduced from Rs.11625/ – to Rs.10,975/ – and therefore, his pension h