Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI, ANUROOP SINGHI
Chatra Gameti S/o Shri Deva – Appellant
Versus
Ajmer Vidhyut Vitran Nigam Limited – Respondent
ORDER :
1. The present special appeal has been preferred claiming the following relief:
“It is, therefore, humbly prayed that this special appeal may kindly be allowed and the order dated 06.05.2024 passed by the Hon’ble Single Judge in S.B. Civil Writ Petition No. 3796/2020 titled Chatra Gameti Vs. Ajmer Vidyut Vitran Nigam Ltd. & Ors. may kindly be quased and set aside and the writ petition filed by the petitioner may kindly be allowed as prayed.
Such other order as your lordship deems fit and necessary may also be passed by the Hon’ble Court in favour of the appellant.”
2. Brief facts leading to the present controversy are that the appellant, after serving the respondent–department for several decades with an undisputed service record, superannuated on 30.06.2016. Prior to the release of his pensionary benefits, the respondents issued a communication dated 18.04.2016 alleging excess payment on account of erroneous pay fixation and directed recovery of a sum of Rs. 78,454/-. The appellant, being a low-paid retiring employee dependent upon pension for subsistence, deposited the amount on 05.05.2016 under compulsion.
2.1. Subsequently, upon becoming aware of the legal position governing
Recoveries from retired employees due to employer's pay fixation errors are impermissible, and coercion negates voluntary consent.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
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....
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
