JUDGMENT

Harsimran Singh Sethi, J. - In the present writ petition, the grievance which is being raised by the petitioner is that at the fag end of his career, when he was about to retire on 31.03.2016, the respondents have passed impugned order dated 21.03.2016 (Annexure P/1) for recovery of Rs.1,04,622/- by re-fixing his salary. Learned counsel for the petitioner argues that no recovery can be ordered from an employee, who is nearing his retirement or is already retired keeping in view the settled law settled by Hon'ble Supreme Court of India in State of Punjab & Others vs. Rafiq Masih (White Washer) etc, (2014) 8 SCC 883.

2. The facts as mentioned in the writ petition are that the petitioner joined as Panchayat Secretary on 4.3.1977. Thereafter, he was promoted as Panchayat officer on 17.10.2012, from which post, he ultimately retired on attaining the age of superannuation on 31.03.2016. On 21.03.2016 i.e. about 10 days prior to retirement of the petitioner, respondents passed an order that the salary of the petitioner was wrongly fixed and upon rectifying the said mistake by re-fixing his salary, it is found that petitioner was paid Rs. 1,04,622/- in excess, which amount is to be