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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
| Table of Content |
|---|
| 1. background of appellant's retirement and recovery. (Para 2) |
| 2. appellant's arguments against the recovery order. (Para 3) |
| 3. respondent's defense and supporting arguments. (Para 4) |
| 4. court's observations on undisputed facts. (Para 5 , 6 , 7) |
| 5. legal precedents regarding recovery from retired employees. (Para 8 , 9) |
| 6. court's analysis on recovery illegality. (Para 10 , 11 , 12) |
| 7. concluding judgment and directions. (Para 13 , 14 , 15 , 16) |
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 reco
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 pay from Class VI retiree's gratuity/leave encashment impermissible if due to departmental error over 5+ years, no fraud by employee, beyond 24-month regulatory limit, causing hard....
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....
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