JUDGMENT :

Mohit S. Shah, J.

The petitioner is a Judicial Officer holding the post of a Judge in the Presidency Small Causes Court at Ahmedabad. The petitioner has challenged the communication dated 3rd January, 2009 (Annexure-G) and the order dated 3rd June, 2004 (Annexure-E) for recovery of the amounts, which were paid to the petitioner in the past, on the ground that excess amounts were paid to the petitioner on account of erroneous fixation of the petitioner's pay.

2. Mr. Paresh Upadhayay, learned counsel for the petitioner, submits that the fixation of the petitioner's pay in the past was rightly done by the Principal Judge, City Civil Court, Ahmedabad and the view of respondent Nos.2 to 4 that the petitioner's pay was required to be fixed at a lower amount is contrary to law but since after about one year, the petitioner will be attaining the age of superannuation i.e. on 20th April, 2010, raising any controversy about correctness or otherwise of the re-fixation order will unnecessarily delay the preparation of his pension papers and for that reason alone, the petitioner has not challenged the decision of the respondent Nos.2 to 4 for re-fixation of the petitioner's pay. Mr. Upa