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PURNENDU SINGH
Pramod Kumar Sinha – Appellant
Versus
Union of India – Respondent
Purnendu Singh, J.—Heard Mr. Gajendra Pratap Singh, learned counsel appearing on behalf of the petitioner and Mr. (Dr.) Krishna Nandan Singh, learned ASGI along with Mrs. Punam Kumari Singh, learned CGC and Mr. Amarjeet, learned JC to ASGI for the respondents.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:—
i. For issuance of a writ in the nature of Certiorari for quashing the order of reduction of pay and recovery contained in Letter No.8422 dated 30.11.2023 (Annexure 4, Pg-23) whereby his pay was reduced and an amount of Rs.2,13,908/- has been deducted from the his gratuity, arbitrarily and illegally without issuing any Notice/Show Cause and affording any opportunity of hearing, prior to such revision and deduction and in violation of the law laid down by the Hon’ble Supreme Court of India in State of Punjab & Ors. vs. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334.
ii. Issue appropriate Writ(s) and Order(s) in the nature of Certiorari to quash the order/communication contained in Letter No.2798 dated 08.12.2023 (Annexure P-2), Letter No.RPAO/CISF/MHA/RAN/PENII/23-24/218, dated 12.10.2023 (Annexure P-3), Letter
Recovery of excess payments from Class-III employees is impermissible without misrepresentation, emphasizing the employer's responsibility for errors.
Recovery from retired employees is impermissible unless an undertaking was provided prior to retirement, and pay re-fixation cannot occur after a long time gap.
The court ruled that recoveries from Group-C employees nearing retirement are impermissible, reaffirming protections established in Rafiq Masih.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
The court established that recovery of excess payments from retired employees, particularly from lower service classes, is impermissible if it results in undue hardship, reinforcing the principles of....
Recovery of excess payments from employees without their fault violates principles of equity and fairness, especially when recovery occurs post-retirement and after a significant period.
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