ORDER :

Paresh Upadhyay, J.

By way of this petition, challenge is made to the order of the respondent dated 16.02.2002, asking the petitioner to deposit an amount of Rs.1,39,212/- back to the Government exchequer, which the petitioner has drawn in excess of his entitlement, which pertains to the period when the petitioner held the post of the President of the Gujarat Civil Services Tribunal.

2. The petitioner has appeared in person. It is the case of the petitioner that the impugned order is in gross violation of principle of natural justice, it is in conflict with the provisions contained in Rule 57A of the Bombay Civil Services Rules, 1959 and is also against the settled position of law and therefore the same may be quashed and set aside. The petitioner has also relied on the following decisions in support of his case.

(i) 1985 (1)SLR 144 in case of S.H. Shirekar v. Union of India (Guj.),

(ii) (2010) 14 SCC 323 in case of Yogeshwar Prasad and others v. National Institute of Education Planning and Administration and others,

(iii) 1995 Supp (1) SCC 18, in case of Sahib Ram v. State of Haryana and others,

(iv) (2009) 3 SCC 117, in case of State of Bihar and others v. Pandey Jagdishwar Prasad,

(v) (1994) 2 SCC 521 in case of Shyam Babu Verma and others v. Union of India and others, and

(vi) decision dated 04.04.2001 rendered by Division Bench in Letters Patent Appeal No. 578 of 2000 in Special Civil Application No. 2196 of 1999.

3. This petition is contested by the authorities by filing affidavit-in-reply dated 12.08.2002, the thrust of which is that the action of the authorities is legal and the petitioner is not entitled to any relief.

4. Having heard the petitioner, who is also a practising advocate in this Court, and having gone through the record, the following facts emerge.

4.1 The petitioner had joined the service as an Indian Police Service Officer and in due course, he had reached the highest position in the State Police Force and he retired as Director General and Inspector General of Police, Gujarat State on 31.01.1996, after office hours i.e. with effect from 01.02.1996.

4.2 After his retirement, the petitioner was appointed as the President of the Gujarat Civil Services Tribunal, vide Government Notification dated 11.03.1996. The said appointment was for a period of three years. The petitioner, as the President of the Gujarat Civil Services Tribunal was entitled to receive emoluments, on 'LAST PAY DRAWN MINUS PENSION' basis. The petitioner had held the post of the President of the Tribunal from 12.03.1996 to 11.03.1999, during which he was entitled to and had drawn emoluments on LAST PAY DRAWN MINUS PENSION basis, as recorded above.

4.3 At the time of retirement i.e. as on 31.01.1996 the pay of the petitioner was Rs.7900/-, then prevailing.

4.4 The pension of the petitioner on that pay was fixed at Rs.3910/-.

4.5 Thus, the petitioner was entitled to receive an amount equivalent to LAST PAY DRAWN i.e. Rs.7900/- minus PENSION i.e. Rs.3910/-, which comes to Rs.3990/-, per month.

4.6 Petitioner started drawing his pay as the President of the Tribunal as above.

4.7 In the year 1998 there was General Revision of Pay. The said revision was with retrospective effect of 01.01.1996.

4.8 The petitioner was in service as on 01.01.1996, since he retired on 31.01.1996 after office hours. His last pay which was Rs.7900 came to be revised as Rs.24700/-.

4.9 As pay scales got revised with effect from 01.01.1996, pension also came to be revised with retrospective effect of 01.01.1996. The pension of the petitioner which was Rs.3910/- got revised to Rs.8158/-.

4.10 Thus, now the petitioner was entitled to receive an amount equivalent to LAST PAY DRAWN i.e. Rs.24700/- minus PENSION i.e. Rs.8158/-, which comes to Rs.16,542/-. This was effective from the date of appointment of the petitioner as the President of the Tribunal i.e. 12.03.1996.

4.11 Though this was effective from the year 1996, actually it was revised in the year 1998, therefore the difference wa