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NAMIT KUMAR
Narinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Namit Kumar, J.
The petitioner has filed the instant writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari for quashing the order dated 16.03.2023 (Annexure P-7) and letter dated 28.02.2023 (Annexure P-5), whereby a recovery of Rs. 11,79,090/- has been ordered to be made from the retrial benefits of the petitioner and further sought a writ of mandamus directing the respondents to release all the retrial benefits of the petitioner along with interest @ 18% per annum.
2. Brief facts of the case, as have been pleaded in the present petition, are that the petitioner has joined the respondent-Corporation on 28.12.1995 as Baildar-cum-Chowkidar. Thereafter, he was promoted as pump operator on 21.09.2012 and Technician on 28.05.2015 and retired as such, on 31.05.2022, on attaining the age of superannuation. There was nothing adverse against the petitioner in his entire service record and his retirement was unconditional and without any rider. He had completed all the formalities required for grant of retrial and other service benefits and nothing more was required to be done by the petitioner. When the retrial benefits were not releas
Recovery of excess payments from retired employees is impermissible unless fraud or misrepresentation is established, as reaffirmed by the Supreme Court.
Recovery of excess payments from retired employees without due process violates natural justice principles, as established in Rafiq Masih's case.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
Recovery from employees belonging to Class-III and Class-IV service impermissible as per the Constitution of India and relevant judgments.
Recovery of excess payments from Class-III employees is impermissible without misrepresentation, emphasizing the employer's responsibility for errors.
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