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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
ASHOK KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. By way of present writ petition, the petitioner has challenged the order dated 01.02.2021, whereby the respondents have refixed petitioner’s salary and recalled the already sanctioned pay grade increments.
2. The facts in short are that the petitioner used to work as Nakedar in Municipality, whereafter consequent to abolition of the octroi and such post, he was absorbed as Gram Sewak in the Panchayati Raj Department. After being absorbed, the petitioner continued as such and retired on 30.04.2019 and was given pay grade increments.
3. After petitioner’s retirement, order dated 01.02.2021 came to be passed and the respondents reworked the date of the increments and sought to recover the differential amount.
4. Mr. Tanwar Singh, learned counsel for the petitioner submitted that the annual grade increments were given by the respondents as per their own will and accord and the petitioner had never misled or misrepresented. It is also argued that the recovery in question has been raised on the basis of circular dated 09.03.2012, as is evident from the reply, whereas the said circular has been quashed by the Jaipur Bench of this Court by judgment dated 12.04.2017 passed in S.B. Ci
Recovery of salary increments from retired employees is impermissible without evidence of misrepresentation, as established in Rafiq Masih case.
Recovery of excess salary from Group-C employees post-retirement is impermissible without fraud or misrepresentation, as established in Rafiq Masih (2015) 4 SCC 334.
Recovery of excess salary from retired employees is impermissible without prior notice or undertaking, as established by Supreme Court precedents.
Recovery of excess payments impermissible from retired employees, as per Rafiq Masih guidelines.
Recovery of salary from retired employees is impermissible without due process, especially when it exceeds five years, as established in Rafiq Masih.
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