Order The present writ petition has been preferred for issuance of an appropriate writ, order or direction commanding upon the respondents to revise and refix the pay and pension of the petitioner and pay the consequential benefits of salary and other post retiral benefits of the petitioner in the correct scale of pay i.e. Rs. 5500-9000/-. 2. According to the petitioner, he is entitled to the correct scale of pay of Rs. 5500-9000/- in place of Rs. 45007000/- on the basis of which pension and other post retiral benefits were paid. He further submits that he is entitled to the correct scale of pay of Rs. 5500-9000/- with effect from 1.1.1996. The second prayer is to quash the part of the order contained in memo no. 652 dated 26.9.2003 by which a sum of Rs. 30,463/- has been illegally recovered from the Earned Leave encashment amount of Rs. 91,320/- due to him on a misconceived assumption that the petitioner was paid excess salary in the scale of pay of Rs. 5000-8000/-. 3. The main contention raised by the petitioner is that not even a show cause notice was given nor any opportunity was given to explain and instead straightaway order for recovery was passed, which is in violation of the cardinal principle of natural justice. 4. The counsel for the respondents during argument, submitted that the petitioner has misled the authority in getting the revised pay scale and he has erroneously been paid on the higher side which was recovered from him. 5. However, learned counsel for the respondents also does not deny the fact that no notice was given nor any show cause notice was issued. The law in this regard is well settled. Even under Rule 202 of the Pension Rules, a notice is mandatory in case of such recovery after retirement. 6. Considering the facts and circumstances of the case, the order for recovery is punitive in nature as the necessary and mandatory requirement to comply with the cardinal principle of natural justice has not been complied with and the same is, thus, in violation of Article 14 of Constitution of India. 7. In view of the aforesaid facts, the memo No. 652, dated 26.9.2003 vide which the recovery of a sum of Rs. 30,463/-was made is quashed. 8. 7. In view of the aforesaid facts, the memo No. 652, dated 26.9.2003 vide which the recovery of a sum of Rs. 30,463/-was made is quashed. 8. However, the respondents are at liberty to do the needful after compliance of well settled law and cardinal principle of natural justice. 9. The respondents will also consider the prayer with regard to revised scale of pay as per 5th Pay Commission Report in view of the Notification within a period of two months from the date of receipt of representation to be made by the petitioner. 10. Without going into the merit of this matter, this writ petition is partly allowed and disposed of without any order as to cost.