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2025 Supreme(Raj) 2522
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN, J.
Amjad Ali Bhati S/o Wasim Hussain Bhati – Appellant
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 20433 of 2025
Decided On : 30-10-2025
For the Appellants : Shreekant Verma, Mrinal Khatri
The court held that salary increases granted to employees under lawful authority cannot be recovered without evidence of fraud or error.
Headnote:The petitioners, contractual employees under the Rajasthan Contractual Hiring to Civil Posts Rules, 2022, challenged recovery orders from salary increases granted based on competent authority's approval. The court stayed the recovery orders dated 31.07.2025 & 12.09.2025 due to lack of fraud. The main legal issue framed was whether the respondents could recover improperly granted salary increases. The court found no basis for recovery.
ORDER :
1. Heard on the interim application.
2. The submission of learned counsel appearing on behalf of the petitioners is that the petitioners are working as contractual employee covered under the Rajasthan Contractual Hiring to Civil Posts Rules, 2022. It is also his submission that the petitioners were granted 5% increase in the salary for the years 2022, 2023 and 2024 and such increase has been given based on the financial approval from the competent authority. However, by the impugned orders dated 31.07.2025 (Annex.-8) & 12.09.2025 (Annex.-12) respectively, the respondents are sought to recover such amount/ payment only on the ground that such hike order was wrongly passed.
3. The increase of salary which the respondents have made are not on account of any fraud by the petitioners and payment was made by the employer himself.
4. In the said circumstances, there shall be stay on the impugned recovery orders dated 31.07.2025 (Annex.-8) & 12.09.2025 (Annex.-12) respectively.
5. Admit.
6. Issue notice to the respondents, returnable within a period of four weeks.
7. List the matter on 08.12.2025.
