High Court Punjab-Haryana High Court

Punjab State And Others vs Veena Gupta on 6 August, 2008

Punjab-Haryana High Court
Punjab State And Others vs Veena Gupta on 6 August, 2008
RSA No. 2549 of 2008 (O&M)                                            1


   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH
                                     --

                               RSA No. 2549 of 2008(O&M)
                               Date of decision: 06.08.2008

Punjab State and Others                          .......Appellants

            Versus

Veena Gupta                                      .......Respondent

Coram:      HON'BLE MS. JUSTICE NIRMALJIT KAUR


Present:    Mr. Anil Sharma, Sr, DAG, Punjab
            for the appellants
                   -.-

NIRMALJIT KAUR, J.

Plaintiff-Veena Gupta had filed a suit for declaration to the

effect that the order dated 03.10.2000 passed by the respondent State

whereby seniority of the plaintiff had been upset from serial No. 40 to 84-

A, order dated 22.07.1999 vide which the plaintiff had been deprived of

pay scale and order dated 09.08.2002 vide which, recovery of Rs.66,906/-

has been ordered while working as Junior Assistant, be declared as null and

void.

The suit of the plaintiff was partly decreed to the extent that

the order dated 03.10.2000 and 22.07.1999 were held to be legal and valid,

while the order dated 09.08.2002 effecting recovery, was declared as null

and void. As such,the present appellant-State was restrained from effecting

any recovery in regard to the disputed amount.

Being aggrieved against the judgment and decree dated

10.10.2005 passed by learned Civil Judge (Junior Division), Amritsar, the
RSA No. 2549 of 2008 (O&M) 2

defendants preferred an appeal before learned District Judge, which was

dismissed and the judgment and decree of the lower Court was affirmed.

In the present regular second appeal, no substantial question of

law has been raised. In fact, the only grievance that now persists, is with

respect to the recovery of amount Rs.66,906/- whereas the orders fixing the

seniority and grant of pay scale have been set aside by both the Courts

below. The present appeal is, therefore, misconceived. The respondent has

taken the financial benefits after performing her duties on the post of Junior

Assistant. There is no dispute that the financial benefits granted to the

plaintiff, for performing the duties, cannot be recovered. Judgments and

decrees passed by both the Court below do not suffer from any patent

illegality or infirmity, necessitating any interference by this Court.

The disputed amount is, in fact, the salary against the said

designation and against the work done by the respondent. There is no

misrepresentation on the part of the plaintiff/respondent. If there was any

mistake, that is on the part of the department, itself. The salary earned by

the plaintiff/respondent for the work done and responsibility performed by

her as Junior Assistant, cannot be recovered under any circumstances on

the ground that she allegedly held the said post for that particular period

due to error in seniority list.

Learned State counsel has placed reliance on judgment in a

case “Union of India and Others Vs. Sujatha Vadechalam (Smt.) and

Another, 2000(9) Supreme Court Cases 187, to contend that money can

be recovered in easy installments. However, it is not applicable to the facts

of the present case. In that case, transfer was accepted with certain terms
RSA No. 2549 of 2008 (O&M) 3

and conditions to the effect that in case of such transfer, she (respondent)

was to technically resign from the post of Accountant and accept the

reverted post of Clerk. After transfer to the post of Clerk in the office of

the Accountant General, Karataka at Bangalore, the pay of the respondent

was fixed at Rs.1260 per month, whereas it should have been fixed at

Rs.1090/-. Consequently, orders for refixation of pay and recovery of

excess amount were issued. While in the instant case, the

plaintiff/respondent was paid nothing more than what was her entitlement

for the post on which she had worked for that period. No other point has

been raised.

Dismissed in limine.

[NIRMALJIT KAUR]
JUDGE
August 06, 2008
mohan