JUDGMENT

Sandeep Sharma, J. - Being aggrieved and dissatisfied with the order dated 27.3.2012 passed by Engineer-in-Chief, I & PH Department, Shimla, H.P., whereby a sum of Rs. 88,838/- has been ordered to be deducted from the arrear of revised pay scale of the officer i.e. petitioner, petitioner has approached this Court in the instant proceedings, praying therein following reliefs:-

(i) That order dated 27.3.2012 may kindly be quashed and set-aside and respondents may kindly be directed to refund a sum of Rs.88,838/- to the petitioner alongwith interest at some Nationalized bank;

(ii) That the respondents may kindly be burdened with costs;

2. Certain undisputed facts, which are necessary for adjudication of the case are that initially petitioner joined services as Assistant Engineer in the respondent department on 23rd January, 1979. Person namely, Sh. Rajesh Kamal Sharma also joined the post of Assistant Engineer as Direct Recruit on 28.7.1981. On 1.7.2009, final seniority list as it stood on 31.12.2008 was circulated by the respondent department, wherein name of the petitioner finds mention at Sr. No.7, whereas above named person Sh. Rajesh Kamal Sharma at Sr. No.13 of the seni