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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Ramesh Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
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 Tribunal and upon abolition of Tribunal, the matters came to be re-transferred to this Court as CWPOA No.7894, 7897, 7898, 7901, 7929, 7931 and 7933 of 2019, respectively.
3. With the consent of Learned Counsel(s) since issue relates to re-fixation of pay and recovery of retirees as well as in service employes, therefore, CWPOA No.6702 of 2020 [originating from OA No.1648 of 2019, titled Ramesh Chand & Others versus State of Himachal Pradesh & Others] is treated as the lead case for adjudicating all the connected cases.
FACTUAL MATRIX IN CWPOA NO.6702 OF 2020:
4. Petitioner, Ramesh Chand, had filed Original
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.
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 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.
Recovery of excess payments from Group-C employees beyond five years is impermissible, emphasizing equitable treatment and adherence to Supreme Court guidelines.
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.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
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