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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Lakshman Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. case initiated against tribunal's order related to pay recovery. (Para 4) |
| 2. arguments on applicability of dopt om regarding recoveries. (Para 5 , 6) |
| 3. order directing fresh decision on recovery with hearing. (Para 7) |
JUDGMENT
Rajiv Shakdher, J. (ORAL):--[Court hearing convened via video-conferencing on account of COVID-19]
CM No. 24386/2021
1. Allowed, subject to just exceptions.
W.P.(C) 7838/2021
2. Issue notice.
2.1. Mr. Jagjit Singh accepts notice on behalf of the respondents.
3. In view of the directions that we intend to pass, Mr. Singh says that, he will argue the matter based on the record presently available before the Court.
4. This writ petition is directed against the order dated 02.03.2021, passed by the Central Administrative Tribunal (in short `the Tribunal') in OA No. 937/2020. The impugned order came to be passed in the background of the following facts and circumstances:-
4.1 The petitioner was engaged by the respondents as a substitute safaiwala/khalasi on 14.01.1984. His services were regularized in 1987 and he was promoted to the next higher grade, from time to time, as per rules obtaining at the relevant point in time. He retired fro
Recovery of salary from retired employees is impermissible without due process, especially when it exceeds five years, as established in Rafiq Masih.
The recovery of benefits given to an employee can be contested if it falls under specific situations as outlined in the judgment of the Supreme Court in the case of Rafiq Masih (supra).
Important points:The decision to cancel the Second and Third Time Bound Higher Grades granted to the respondent was finally taken only as per Annexure A8 order dated 25.01.2018, which was much after ....
Recovery from retired employees is impermissible under specific conditions established in precedent cases.
The petitioner's undertaking at the time of payment bound him to refund any excess payment detected later, even after retirement.
Recovery of salary increments from retired employees is impermissible without evidence of misrepresentation, as established in Rafiq Masih case.
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