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NIKHIL S. KARIEL
Rameshchandra Rasiklal Raval – Appellant
Versus
Gujarat Water Supply & Sewerage Board – Respondent
JUDGMENT :
1. Heard learned Advocate Ms. Harshal Pandya for the petitioner and learned Advocate Mr. Vishrut Jani for M/s. R C Jani and Associate for the respondents No.1, 2, and 3.
2. By way of this petition, the petitioner challenges orders passed by the respondent Authorities dated 5.3.2012 and 28.6.2012, whereby the respondent Authorities have sought to set aside the orders, whereby the benefits of First Higher Pay-scale and Second Higher Pay-scale granted to the petitioner have been revoked and whereas it has been clarified that there shall not be any recovery on account of such revocation.
3. Learned Advocate Ms. Harshal Pandya would draw the attention of this Court to a decision of a learned Coordinate Bench of this Court (Coram: Mr. Justice J.B. Pardiwala – as he then was) in Special Civil Application No.17170 of 2012 and allied matters dated 9.7.2015, wherein according to the learned Advocate Ms. Pandya, the learned Coordinate Bench was dealing with a similar issue raised by the petitioners similarly situated and whereas according to the learned Advocate, by way of the said judgement, the learned Coordinate Bench had been pleased to set aside the decision of the respondent Aut
Recovery of excess payments from employees must consider the impact on individuals, particularly retirees, and may be deemed iniquitous if it leads to hardship.
Recovery of excess payments made to employees is impermissible where no fault exists on the employee's part and payments have spanned over five years, protecting livelihood rights.
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.
Point of Law : Relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that wi....
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