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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSIMRAN SINGH SETHI
Chanchal Mehbub Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing application. (Para 1) |
| 2. no recovery post-retirement without just cause. (Para 2) |
| 3. justification for pension recovery based on salary received. (Para 3 , 4) |
| 4. misrepresentation allows for recovery of excess payments. (Para 5 , 6 , 7) |
| 5. petition rejected; no grounds for interference. (Para 8 , 9) |
JUDGMENT :
Harsimran Singh Sethi, J.
CM-8702-CWP-2025
The prayer in the present application filed by the petitioner is for condonation of delay of 149 days in filing the application for restoration i.e. CM-8703-CWP-2025.
Notice of the application to the counsel opposite.
Mr. Rahul Rampal, Addl. AG, Punjab, accepts notice on behalf of respondent-State and raises no objection in case, the prayer made in the present application is allowed.
Keeping in view the averments mentioned in the application, the same is allowed. Consequently, the delay of 149 days in filing the application for restoration i.e. CM-8703-CWP-2025 is hereby condoned.
CM-8703-CWP-2025
Present application has been filed for recalling the order dated 28.11.2024, by which, the present writ petition was dismissed for non-prosecution.
Notice of the application to the counsel opposite.
Mr. R
An employee cannot receive both salary and pension for overlapping periods; acceptance of excess payments with knowledge leads to lawful recovery.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recoveries from retired employees due to employer's pay fixation errors are impermissible, and coercion negates voluntary consent.
Recovery of excess pension payments is impermissible under certain conditions, particularly for retired employees.
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 from retired employees, or employees who are due to retire within one year of the order of recovery, is impermissible in law.
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