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Judgment
M.M.S. Bedi, J.—Brief facts of the case of the petitioner, as pleaded in the petition, are that vide Annexure P8 dated 24.11.2010, the
respondents have withdrawn the earlier order dated 4.6.2007 granting 1st and 2nd ACP scale to the petitioner w.e.f., 1.1.996. Counsel for the
respondent submits that the order dated 24.11.2010, Annexure P8, is perfectly legal and any benefit which has been granted wrongly can always
be withdrawn.
I have heard the learned counsel for the petitioner as well as the counsel for the respondents.
A perusal of order Annexure P8 dated 24.11.2010 indicates that the benefit of grant of 1st and 2nd ACP scale w.e.f., 1.1.1996 granted vide
order dated 4.6.2007 has been withdrawn without a speaking order and affording an opportunity of hearing to the petitioner. The petitioner had
submitted a representation/legal notice Annexure P12, dated 24.3.2012, for withdrawal of illegal order dated 24.11.2010, Annexure P8. Vide
order Annexure P13, the petitioner had been informed that 1st and 2nd ACP was granted to the petitioner vide order dated 4.6.2007 w.e.f.
1.1.1996 but later on it was withdrawn on the directions of Financial Commissioner and Principal Secretary to Govt. of Haryana vide letter dated
8.3.2010. 1st and 2nd ACP was allegedly withdrawn vide order dated 24.10.2010 in terms of office order No. 100/CGM/Accounts dated
11.10.2010.
It is admittedly not the case of the respondents that the financial benefits were obtained by the petitioner by playing any fraud in an illegal
manner. Financial benefits granted to an employee cannot be withdrawn unless and until it is established that the benefits have been granted by
fraud. In this context a reference can be made to judgment in case Budh Ram and others Vs. State of Haryana, 2009(4) SLR Page 298, in which
it has been held that benefits granted to an employee who has not committed any fraud to obtain such benefits may be stopped for future but
amount already paid to the employees cannot be recovered from them. Benefits given to an employee can be withdrawn only after giving him an
opportunity of hearing but the recovery cannot be effected unless until it is established that there was an illegal act or fraud on the part of employee.
The order dated 24.11.2010 Annexure P8 is hereby set aside. The order withdrawing 1st and 2nd ACP from retrospective date i.e. 1.1.1996
passed after retirement of the petitioner is held illegal. In case any amount has been recovered, the same will be refunded to the petitioner within a
period of three months with interest @ 6 per cent per annum from the date of recovery till realisation. Disposed of.