HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Doongar Das, S/o. Late Shri Idanji – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Education – Respondent
ORDER :
FARJAND ALI, J.
1. The writ petition has been filed on behalf of the petitioner seeking the following prayers:–
(i) the impugned recovery order dated 26.10.2018 (Annexure-7) passed by the respondent no. 2 may kindly be quashed and set-side.
(ii) and respondents may further be directed to release the entire post retiral benefits alongwith interest @ 18% per annum to the petitioner;
(iii) Any other order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.
2. The controversy involved in the present case has already been meticulously dealt with by the Supreme Court vide judgment dated 18.12.2014, rendered in Civil Appeal No. 11527/2014 State of Punjab and Others Etc. Vs. Rafiq Masih (White Washer) Etc. For ready reference, the said judgment is reproduced hereinbelow:–
“1. Leave granted.
2. All the private respondents in the present bunch of cases, were given monetary benefits, which were in excess of their entitlement. These benefits flowed to them, consequent upon a mistake committed by the concerned competent authority, in determining the emoluments payable to them. The mistake c
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 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....
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 retirees or without due process breaches principles of natural justice, violating Articles 14, 16, and 300-A of the Constitution.
Recovery from employees belonging to Class-III and Class-IV service impermissible as per the Constitution of India and relevant judgments.
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....
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on....
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