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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Ramesh Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. cases consolidated under lead petition cwpoa 6702/2020. (Para 1 , 2 , 3) |
| 2. petitioners challenge acp withdrawal and recovery orders. (Para 4) |
| 3. state justifies acp inadmissibility and recovery from technicians. (Para 5) |
| 4. petitioners rely on sc precedents barring recovery. (Para 6 , 7) |
| 5. prior judgment upholds acp ineligibility for technicians. (Para 8 , 9) |
| 6. three-tier pay structure excludes technicians from acp schemes. (Para 10) |
| 7. no recovery from class-iii/retired employees without fraud. (Para 11 , 12) |
| 8. uphold refixation, quash recoveries, order refunds. (Para 13 , 14 , 15) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Ramesh Chand, along with 09 others, had filed Original Application No. 1648 of 2019 before the State Administrative Tribunal and, upon abolition of the Tribunal, the matter came to be re-transferred to this Court as CWPOA No. 6702 of 2020.
2. Likewise, the petitioners, namely, Mansa Ram, Mohan Singh, Mor Dass, Brij Lal, Ramesh Chand, Sita Ram and Jia Lal had filed had filed Original Applications Nos.1648 of 2019, 3480 of 2016, 3481 of 2016, 3482 of 2016, 3483 of 2016, 3484 of 2016, 3486 of 2016 and 3485 of 2016, before the State Administrative Tribuna
Three-tier pay structure excludes employees from ACP benefits; recovery of erroneous excess payments barred from Class-III employees, retirees, over five years without misrepresentation.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Where court arrives at conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of employer's righ....
Recovery of excess pay from retired Group-C employee impermissible without misrepresentation, especially near retirement.
Recovery of excess payments from employees in Class-III and Class-IV services is impermissible, especially when the excess has been enjoyed for over five years.
Recovery of leave encashment from retirees is impermissible without due process, including affording notice and an opportunity to defend against claims of wrongful payment.
The unilateral withdrawal of financial benefits without due process violates principles of natural justice, necessitating communication of adverse ACR entries to the employee.
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