Vivek Rusia, J.

1. The petitioner has filed the present petition being aggrieved by the recovery of Rs. 3,01,840/- from the gratuity by order dated 14.12.2015 on the ground of wrong pay fixation.

2. The petitioner stood retired from service from the post of Driver after attaining the age of superannuation on 31.12.2015. At that time of payment of retiral dues, an amount was Rs. 3,01,840/- has been deducted from his gratuity, vide impugned order dated 14.12.2015.

3. After notice, respondent filed reply, in which, it is stated that while implementing the 6th pay-scale, the petitioner's pay was required to be fixed @ Rs. 8,600/- but due to fault of the then accountant it was fixed @ Rs. 9,680/- and due to which the excess amount has been paid and the petitioner is not entitled for the same.

4. In the return, a reliance was placed over the judgment of the Hon'ble Supreme Court in the matter of Chandi Prasad vs. State of Uttrakhand, (2012) 8 SCC 417 on the point that such recovery is permissible after retirement if the employee is not entitled.

5. Shri Zamindar, learned counsel for the petitioner submits that in view of law laid down in case of State of Punjab and Others vs. Rafiq