The court held that administrative recovery of overpaid amounts requires prior notice and adherence to principles of natural justice, affirming that arbitrary orders violate constitutional rights.

ORDER :

ASHOK S.KINAGI, J.

1. The petitioners filed W.P.No.4256/2022, seeking the following reliefs:

i) Issue WRIT OF CERTIORARI, quashing Para 5 of the Impugned Government Order bearing No. ED 483 UNE 2017 dated 16.03.2019 passed by the 2nd Respondent (ANNEXURE D) in so far as it relates to denial of payment of arrears of Dearness Allowance amount from 01.01.2016, in so far as the Petitioners are concerned, holding the same as illegal, bad in law arbitrary one and violative of Articles 14, 16 & 21 of the Constitution of India, in the interest of justice and equity.

ii) Issue WRIT OF CERTIORARI, quashing the Impugned Letter bearing No.ED 19 UNE 2021 dated 21.10.2021 of the 1st Respondent (ANNEXURE E), & the Impugned Order bearing No. No. Ku. Vi/Maasani-1/2924/2021-22 dated 30.10.2021 passed by the 3rd Respondent (ANNEXURE - F) in so far as the Petitioners are concerned, holding the same as illegal, bad in law arbitrary one, VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE and against to Articles 14, 16 & 21 of the Constitution of India, in the interest of justice and equity.

iii) Issue WRIT OF MANDAMUS directing the Respondents to release all consequential monetary benefits and arrears of salary along with arrears of Dearness Allowance amount flowing from quashing of the above Impugned Government Order dated 16.03.2019 of the 2nd Respondent (Annexure D), Impugned Letter dated 21.10.2021 of the 1st Respondent (Annexure 30.10.2021 (Annexure E) and Impugned Order dated passed by 3rd Respondent F), in the interest of justice and equity in the eye of law.

W.P.No.21732/2022:

i. Issue writ in the nature of certiorari to quash the impugned communication/direction vide bearing No. ED 483 UNE 2017 dated: 11-08-2010 issued by respondent no.1 as per Annexure-A to meet the interest of justice.

ii. Issue writ in the nature of certiorari to quash the impugned memorandum vide bearing No. Thu. Vi: HaVi: 2020-21 dated: 14-08-2020 issued by respondent no.3 as per Annexure-B as illegal.

iii. Issue writ in the nature of certiorari to quash the impugned communication vide bearing No. ED 19 USE 2021 Dated: 21-10-2021 issued by respondent no.1 as per Annexure-C as bad in law.

iv. Issue writ in the nature of certiorari to quash the impugned communication vide bearing No. ED 306 UNE 2021 dated: 09-03-2022 issued by respondent no.1 as per as Annexure-D to meet the interest of justice.

V. Issue writ in the nature of certiorari to quash the impugned order bearing No. ThuVi: Sibbandhi: 2022- 23/654 dated: 30-05-2022 issued by respondent no.3 as per Annexure-E to meet the interest of justice.

vi. Issue Writ of mandamus directing the Respondents to release all consequential monetary benefits and arrears of salary along with arrears of Dearness Allowance amount flowing from quashing the above Impugned Government Order dated: 16- 03-2019 of the 2nd Respondent [Annexure-K].

vil. Consequently also issue necessary direction to respondent no.3 and 4 University to repay the amount of recovery if any made during the pendency of the above writ petition to meet the interest of justice.

W.P.No.5297/2023:

a) Issue WRIT OF CERTIORARI, for quashing Para 5 of the Impugned Government Order bearing No. ED 483 UNE 2017 dated 16.03.2019 passed by the 5th Respondent (ANNEXURE-E), in so far as it relates to denial of payment of arrears of Dearness Allowance amount from 01.01.2016, in so far as the Petitioners are concerned, holding the same as illegal, bad in law arbitrary one and violative of Articles 14, 16 & 21 of the Constitution of India, in the interest of justice and equity. Insofar as petitioners concerned herein

b) Issue WRIT OF CERTIORARI, quashing the Impugned Letter