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V. M. VELUMANI, V. LAKSHMINARAYANAN
Chairman & Managing Director Bharat Sanchar Nigam Limited Corporate Office, Janpath, New Delhi – Appellant
Versus
K. Rajendran – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Certiorari to call for the records of the 2nd respondent pertaining to the impugned order passed in O.A./310/01172/2015 dated 27.07.2022 and quash the same.
V. Lakshminarayanan, J.
1. The 1st respondent, who is the applicant before the Central Administrative Tribunal in O.A./310/01172/2015, challenges the order of recovery of amount of Rs.2,05,571/- and for already recovered amount of Rs.19,000/-. The recovery order was passed on 24.06.2016.
2. The facts leading to the Original Application are the applicant/1st respondent was recruited as Causal Labourer by the respondents/Writ Petitioners. While doing Lineman''s duty, he was promoted to the post of Sub-Inspector (Operative) in the year 1997. On and from 01.10.2000, the Post and Telegraph Department was bifurcated from the Department of Telecommunication and an entity called “Bharath Sanchar Nigam Limited” (BSNL) was created. On 10.04.2000, the applicant/1st respondent was promoted to the post of Telecom Mechanic. There were two upgradations, which he enjoyed one in the year 2004 and other in the year 2011.
3. At the time of pay revi
The main legal point established in the judgment is the application of principles for recovery of excess payment, emphasizing the impermissibility of recovery from an employee in Class III category a....
Recovery of excess payments may be impermissible if it falls within the situations outlined by the Supreme Court, as recovery cannot be effected in such cases.
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