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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.