Full Judgment Text
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CASE NO.:
Appeal (civil) 3252 of 2008
PETITIONER:
HARYANA STATE ELECTRICITY BOARD AND ORS.
RESPONDENT:
CHANDER PAL SINGH
DATE OF JUDGMENT: 02/05/2008
BENCH:
S.B. SINHA & LOKESHWAR SINGH PANTA
JUDGMENT:
JUDGMENT
O R D E R
[Arising out of SLP(C) No. 2351/2006]
1. Leave granted.
2. The grievance of the appellants is that a sum of Rs.46,221/- had wrongly been paid
to the respondent as he was put on a wrong scale of pay. It is that amount which is
now sought to be recovered.
3. The respondent herein filed a writ petition questioning the said action on the part
of
the appellants herein. The said amount was sought to be recovered by way of an
adjustment from the amount of gratuity payable to the respondent.
4. The appellants did not file any counter affidavit before the High Court. The High
Court by reason of the impugned judgment not only directed the appellants to return
the said sum of Rs. 46,221/- to the respondent forthwith, but also imposed a costs of
Rs. 25,000/- as compensation for illegally encroaching upon his right to gratuity. The
appellants are, thus, before us.
5. There cannot be any doubt, whatsoever, that all administrative bodies are entitled t
o
rectify their mistake and for the said purpose, if an administrative order is required to
be passed, they are not denuded therefrom.
6. The respondent herein, however, has retired from service in 1997. He was otherwise
entitled to the amount of gratuity. The amount of gratuity should not, ordinarily,
have been withheld. We, therefore, are of the opinion that interest of justice would be
subserved if we exercise our jurisdiction under Article 142 of the Constitution of India
and direct the appellants to comply with the High Court’s order and at the same time
set aside that portion of the High Court’s order whereby the appellants herein have
been asked to pay a sum of Rs.25,000/- to the respondent, as compensation for illegally
encroaching upon his right to gratuity. It is directed accordingly. The appellants, thus,
shall not recover the amount of Rs.46,221/- from the respondent.
7. The appeal is disposed of accordingly.