INDERJEET SINGH, ASHUTOSH KUMAR
Kendriya Vidyalaya Sangathan – Appellant
Versus
Renu Vaish Wife Of Shri Rajendra Vaish – Respondent
ORDER :
1. The present writ petition has been filed by the petitioners (to be referred as ‘the Department’) challenging the order dated 05th May, 2022, passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (to be referred as ‘Tribunal’), whereby the adjustment of Rs.30,642, made by the Department, vide orders dated 16th October, 2018 and 31st October, 2018, was set aside.
2. Learned counsel for the petitioners submits that order of adjustment of the amount, excess paid to the respondent-employee, was rightly passed by the Department on account of audit objection.
3. Learned counsel further submits that the Department has every right to make recovery/adjustment of the excess payment made to its employee.
4. Learned counsel for the petitioners relied upon the judgments passed by the Apex Court in the case of Chandi Prasad Uniyal & Ors. Vs. State of Uttarakhand & Ors. [(2012) 8 SCC 147] as well as State of Punjab & Ors. Vs. Rafiq Masih (Whitewasher) [(2014) 8 SCC 883].
5. Learned counsel, appearing on behalf of the respondent, opposed the writ petition and submits that the learned Tribunal has not committed any illegality in passing the order dated 05th May 2022.
6. Learned co
State of Punjab & Ors. Vs. Rafiq Masih (Whitewasher)
Shyam Babu Verma v. Union of India (1994) 2 SCC 521 : 1994 SCC (L&S) 683 : (1994) 27 ATC 121
Thomas Daniel Vs. State of Kerala & Ors. (AIR 2022 SC 2153)
Union of India v. M. Bhaskar (1996) 4 SCC 416 : 1996 SCC (L&S) 967
V. Gangaram v. Regional Jt. Director (1997) 6 SCC 139 : 1997 SCC (L&S) 1652
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