Mr. Pradeep Kumar, learned counsel appearing for the petitioners strenuously urges that action of the respondents in issuing Memo No.2183 dated 16.07.2015 (Annexure-3) is wholly arbitrary, unjust and unsustainable in the eyes of law. Learned counsel further argues that while issuing the impugned order, a direction was given to recover the excess amount paid to the petitioner, ignoring the fact that there is no misrepresentation on the part of the petitioner. The respondents cannot be allowed to recover the amount from the pensionary benefits as well as retiral benefits, after his retirement without issuance of any show cause notice or an opportunity of hearing and also without taking into consideration the Rule 43 B of Pension Rule and as such, the impugned order is liable to be quashed and set aside. To support his contention, learned counsel for the petitioners places heavy reliance on a reported judgment of Hon’ble Apex Court in case of State of Punjab & Ors. Vs. Rafiq Masih (Withwasher) & Ors. , reported in (2015) 4 SCC 334. Learned counsel further argues that the petitioner is also entitled for the benefits of 6th Pay Revision and 7th Pay Revision and also to fixation of his pension in revised pay-scale, gratuity and leave encashment as per his entitled.
