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HARSIMRAN SINGH SETHI
State of Haryana – Appellant
Versus
Banwari Lal – Respondent
JUDGMENT
Mr. Harsimran Singh Sethi, J. (Oral)
In the present appeal, the challenge is to the judgment and decree of the lower appellate court dated 28.02.2014 by which the judgment and decree of the trial court dated 31.05.2012 has been set-aside and the suit filed by the respondent-plaintiff has been allowed qua the revised pay scale from 01.01.1996 along with arrears and interest as well and the recovery done from the respondent-plaintiff from his pensionary benefits has been held to be bad.
2. Learned counsel for the appellants-defendants argues that the lower appellate court without appreciating the correct facts has allowed the appeal filed by the respondent-plaintiff so as to set-aside the well reasoned judgment of the trial court. Learned counsel for the appellants-defendants submits that the lower appellate court failed to consider that the suit, which was filed in the year 2009, was not at all maintainable seeking revised pay scale from 01.01.1996.
3. Learned counsel for the appellants-defendants further submits that with regard to the setting aside of the recovery, no order directing the recovery was challenged and the lower appellate court allowed the relief, on presumpti
A claim for revised pay filed after the limitation period is barred, and a lower court's judgment allowing such a claim without proper consideration of facts is perverse.
The court established that delays in service-related claims do not bar relief if based on a continuing wrong, and benefits should be calculated from the date of filing the writ petition.
Pension fixed on higher pay scale granted by competent authority and continued for decades cannot be reduced retrospectively after retirement due to delay, absence of notice, and violation of natural....
The court established that claims for service-related pay benefits can be limited by considerations of delay and timeliness, adhering to established precedents regarding equal pay and non-discriminat....
Government cannot retrospectively reduce an employee’s pay or recover excess payments without due process, especially post-retirement.
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