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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Ranvir Singh Malik – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Jagmohan Bansal, J. (Oral)
1. The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is seeking direction to respondent to pay interest on delayed payment of leave encashment to the tune of Rs. 2,27,400/- and set aside recovery notice dated 16.02.2024 (Annexure P-9) whereby respondent has raised demand of Rs. 8,02,330/-.
2. The petitioner on 31.05.2014 retired from the office of Housing Board, Haryana as Executive Engineer. The dispute erupted between a group of employees and respondent with respect to fixation of their pay and consequential benefits. They preferred CWP-1852-2003, Vijay Kumar Verma and others vs. State of Haryana and others before this Court. The matter came to be settled by way of judgment dated 04.12.2014 passed by this Court. The operative portion of judgment dated 04.12.2014 is reproduced as below:-
"Consequently, the respondent-Board is directed to grant the same pay scale to the petitioners which was granted to the engineers of Public Works Department (PWD) of the respondent-State w.e.f. 01.01.1996 with all consequential service benefits. Since the legally justified claim of the petitioners has been illegally wi
The court established that recovery of excess payments from retired employees, particularly from lower service classes, is impermissible if it results in undue hardship, reinforcing the principles of....
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Point of Law : Relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that wi....
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.
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