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RAJ MOHAN SINGH
Hanspal Sheokand – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Raj Mohan Singh, J. (Oral) - The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of certiorari, quashing the order dated 03.07.2014 passed by the respondent No.2, thereby refixing the pay grade of the petitioner from Rs.9300-34800+5400/- to Rs.9300-34800+4200/- and order dated 11.12.2014 passed by the respondent No.2, whereby an amount of Rs.1,87,970/- has been ordered to be recovered from the leave encashment of the petitioner.
2. Learned Senior Counsel for the petitioner submits that the petitioner was appointed as Ziledar in the Irrigation Department on 23.04.1982. He was promoted to the post of Deputy Collector in the said Department on 09.04.2010 and remained posted in State Vigilance Bureau, Panchkula on deputation as Deputy Director. On promotion to the post of Deputy Collector, the pay band of the petitioner was fixed as Rs.9300-34800+5400/-. On 03.07.2014, the respondent No.2 informed the Director General, State Vigilance Bureau, Haryana that the pay band of the petitioner was wrongly fixed and it was conveyed that the pay band of the petitioner was to be rectified to Rs.9300-34800+4200/-. The request was made to ref
Recovery of salary increments from retired employees is impermissible without evidence of misrepresentation, as established in Rafiq Masih case.
Erroneous fixation of pay or pension can be corrected, but recovery after retirement causing hardship is not sustainable without evidence of misrepresentation or written undertakings.
Recovery of alleged excess salary payments from Group 'C' or 'D' employees, which occurred due to administrative error without any misrepresentation by the employee, is impermissible in law.
Recovery of excess payments from retired employees without due process violates natural justice principles, as established in Rafiq Masih's case.
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