IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 6473 of 2024 Decided on: 04.01.2025

Joginder Singh … Petitioner

Versus

State of H.P. & others … Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?1

________________________________________f____________ _

For the petitioner : Mr.Sat Praokash, Advocate.

For the respondents: Mr. Sumit Sharma, Deputy Advocate

General .

Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner has prayed for the

following reliefs:-

“i) Issue a writ of certiorari to qua Annexure P-1 i.e. impugned recovery notice may kindly be quashed and set

aside, in the interest of justice and fair play.

hii) Issue a writ of mandamus directing the respondent

authorities to pay the amount of Rs.8000/- which has been recovered from the salary of the petitioner in the

i month of August 2022 alongwith interest.

iii) That the respondents may kindly be directing not to impose any recovery from the pay of the petitioner and also be directed to do not reduce the pay of the petitioner

in the interest of justice and fair play.”

2. The grievance of the petitioner is that in terms of Annexure P-1, recovery of Rs.1,00,059/- has been worked out from the petitioner on account of alleged excess pay paid to him by the respondents. Learned counsel for the petitioner has submitted that neither any excess pay was paid to the petitioner and even if there

1 Whether reporters of the local papers may be allowed to see the judgment?

was any excess payment made, it was not on account of any act of the petitioner and as the petitioner is not responsibleP for the same, therefore, no recovery can be made. Learned counsel further submitted that as the petitioner is a Class-III Employee, therefore also, in light of the judgment of Hon’ble Supreme Court in State of Punjab and Others Versus Rafiq Masih (White Washer) And Others, (2015) 4 Supreme Court Cases 334, the recovery is bad in law.

3. On the other hatnd, learned Deputy Advocate General has submitted that the petitioner was conferred the work charge status as a mason w.e.f. 01.01.2001 by the order passed Superintending Engineer concerned on 12.03.2007. In terms of a Scheme formulated by the State, all Skilled and Semi-Skilled Categories were re-designated as Junior Technicians, which included the Category of the petitioner. After his re-designation as a Junior Technician, three tier pay structure was granted to the Category Hconcerned and the petitioner enjoyed the benefit of 4-9-14 years Old ACP Scheme, to which he was not entitled to and therefore, it is in this light that the excess amount has been ordered to be recovered as the same is recoverable. Accordingly, he submitted that as there is no infirmity in the order of recovery, the petition be dismissed.

4. I have heard learned counsel for the parties and have also carefully gone through the pleadings as well as the documents appended therewith.

5. It is not in dispute that the petitioner is serving as a Class-III employee. It is also not in dispute that the alleged over payments made to the petitioner are not on account of Pany act of the petitioner.

6. That being the case, as it has been held by Hon’ble Supreme Court of India in State of Punjab and Others Versus Rafiq Masih (supra) that in certain circumstances, no recovery is permissible, which includes recovery from a Class-III employee, the recovery in terms of impugnetd Annexure P-1 is not sustainable in the eyes of law because as the petitioner is a Class-III employee, the respondents are restrained from effecting any recovery from him, de hors the fact as to what lead to the excess payment of salary etc.

7. In light of above discussion, this petition is allowed. Annexure P-1 is quashed and set aside and the respondents are directed not to effect any recovery on the basis thereof. It is further ordered that if any recovery has already been effected on the basis of HAnnexure P-1, then the recovered amount be refunded to the petitioner within a perio