Recovery of excess emoluments from contractual employees due to departmental miscalculation of pay and allowances impermissible absent employee misrepresentation; quashed on equity grounds for class-III employees.

JUDGMENT :

RANJAN SHARMA, J.

1. Petitioner, Jitender Kumar, initially filed CWP No.3291 of 2014, which upon establishment of State Administrative Tribunal was transferred to the Tribunal; and now upon abolition stands transferred to this Court as CWPOA No.915 of 2019 seeking the following relief(s):

“(i). That an appropriate writ, order or direction may kindly be issued and recovery notice dated 3rd November 2014 be quashed and set aside and the respondent be prohibited from making recovery of the amount granted in view of the judgment passed in LPA No.108/2012 titled as H.P. Rajkiya Prathmic Anubandh Sangh Versus State of Himachal Pradesh and another and LPA No. 105 of 2010 and benefits of merger of 50% dearness allowances with basic pay in view of the judgment passed in Nek Ram case in the interest of justice.

(ii). That an appropriate writ, order or direction may kindly passed and the respondent be directed to refund the amount of Rs.213714/- with interest which has been recovered from the petitioner vide Challan dated 29.04.2014 in violation of judgment passed by Hon’ble High Court in CWP No.2774/2014 titled as Jitender Kumar versus State of H.P. and others.”

FACTUAL MATRIX:

2. Grievance of the petitioner is that the petitioner was appointed as Lecturer in Commerce on contract basis on 25.06.1999, with fixed contractual emoluments at Rs.1800/- per month and his services were regularized by the Department in terms of order dated 31.12.2008. Petitioner along with others filed a CWP No. 329 of 2012, titled Naveen Rana & Others vs. State of H.P. & Others, claiming revision of contractual emoluments and the aforesaid CWP was taken up along with LPA No. 105 of 2010, State of Himachal Pradesh & Others vs. Rakesh Chand & Others, which was disposed of on 13.12.2012 by directing the State Authorities to extend the benefit of pay at initial of pay scale attached to the post as revised from time to time to JBT Teachers and to School Lecturers appointed on contract basis, alike the petitioners:

(i). It is averred that the judgment dated 13.12.2012 in LPA No.105 of 2010 in the case of Rakesh Chand (supra) was assailed in SLP, which was dismissed on 09.07.2013 and after dismissal of SLP the Respondents including Principal Government Senior Secondary School, Arloo, District Una calculated the contractual emoluments at revised rates on initial of pay attached to the post of Lecturer and admissible allowance(s) for the contractual service rendered from June 1999 to December 2008 and an amount of Rs.3,48,654/- [Rupees Three Lakh Forty Eight Thousand Six Hundred Fifty Four] was released to the petitioner but in the month of April, 2014, an amount of Rs.2,13,714/- [Rupees Two Lakh Thirteen Thousand Seven Hundred Fourteen] was recovered from the petitioner by getting this amount remitted in Government Treasury, whereas, an amount of Rs.1,34,940/- [Rupees One Lakh Thirty Four Thousand Nine Hundred Forty] remained allegedly recoverable from the petitioner.

(ii). Feeling aggrieved the petitioner assailed the alleged recovery in CWP No.2774 of 2014, Jitender Kumar versus State of H.P. & Others, which was disposed of on 25.04.2014 [Annexure P-4] by directing the State Authorities not to effect any recovery from the petitioner till such time a show cause notice and an opportunity of hearing was afforded to the petitioner. Pursuant to the directions contained in the judgment dated 25.04.2014, a show cause notice was issued on 01.09.2014 [Annexure P-5], directing the petitioner to file response, which was submitted on 23.09.2014 [Annexure P-6]