ORDER

Per: Dinesh Sharma, Member (A):

In this OA, the applicant has prayed for refund, with interest, of Rs.1,02,541/-recovered from him at the time of (2) his retirement in the year 2014, and for reinstating his pay and pension at the same level at which it should have been if the recovery and refixation, on account of an alleged overpayment due to wrong fixation since the year 1996, were not done. The applicant has challenged this since it has been done without following basic tenets of natural justice.

He has also cited the decision of the Hon’ble Supreme Court in State of Punjab & Others vs. Rafiq Masih (White Washer) & Others, (2015) 2 SCC (L&S) 33which prohibits any recovery in such cases.

2. The respondents have denied the claim stating that the applicant’s salary was wrongly fixed at the time of the implementation of the 5th Pay Commission. His pay was fixed at 6700/- though it should have been fixed at 6500/-. This mistake was discovered by the Accounts Department when the service records were thoroughly checked at the time of his retirement. This mistake has been corrected, the overpaid amount recovered and the salary and the pension have ben