Recovery of alleged excess salary payments from pensionary benefits of a Group 'C' or 'D' employee is legally impermissible if such recovery is initiated beyond a period of five years from the date of the payment.

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIONOF INDIA PRAYING TO QUASHING THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO. DATED 21/06/2018 ISSUED BY THE R4 VIDE ANNEXURE-C TO THE WP AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following reliefs;

"1. Issue a writ of certiorari quashing the impugned Official Memorandum bearing No: ಾಯಾಹಕ ಇಂಯ/ೆಲಮಂಗಲ ರವರ ಅಕೃತ ಾಪನ ಪತ ಸಂೆ: 1209 dated 21.06.2018, issued by the 4th respondent vide Annexure-C to the writ petition.

2. Issue a writ of mandamus directing the respondent No.4 to refund the entire amount of Rs.1,73,069/ along with interest at 6% p.a. to be effective from 01.07.2018 as per the representation of the petitioner dated 01.08.2018 vide Annexure-E to the writ petition.

3. Issue such other writ or order or direction as this Hon'ble Court may deem fit to pass under the facts and circumstances of the case to meet the ends of justice and equity.”

2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 to 4 and perused the materials on record.

3. A perusal of the material on record will indicate that the petitioner was appointed as Assistant Lineman and attained the age of superannuation on 01.04.2005, on which date, the basic pay of the petitioner was Rs.58,590/-. Subsequently, vide impugned Official Memorandum at Annexure - C dated 21.06.2018, the respondent purported to reduce the basic pay from Rs.58,590/- to Rs.57,200/- and recovered the excess amount paid by the respondent to the petitioner after lapse of about 13 years, which is impermissible in law as held by this Court in the case of Sri.J.Anthonyraju wherein it is held as under.

"ORAL ORDER

In this petition, petitioner seeks the following reliefs:

“i) Issue a writ of certiorari quashing the impugned Official Memorandum bearing No:PÁ¤EA (ªÁ, PÁ & ¥Á)/º ÉÆ«/¯É/¸ À¯É/¹¸ À-2/2022-23/494 dated 24.04.2023, issued by the 4th respondent vide Annexure-C to the writ petition.

ii) Issue a writ of mandamus directing the respondent No.4 to refund the entire amount of Rs.3,01,834/- along with interest at 6% p.a. to be effective from 01.04.2023 as per the representation of the petitioner dated 01.06.2023 vide Annexure-E to the writ petition.

iii) Issue such other writ or order or direction as this Hon’ble Court may deem fit to pass under the facts and circumstances of the case to meet the ends of justice and equity.”

2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that when the petitioner was working as a Senior Assistant in the respondent Nos.2 to 4 – Company, they initiated a Departmental Enquiry against the petitioner, which culminated in an order dated 13.03.2014 (Annexure-R5 along with Statement of objections) whereby respondent Nos.2 to 4 came to the conclusion that the charges levelled against the petitioner were proved and consequently withheld one annual increment payable to the petitioner. It is a matter of record and an undisputed fact that though the said order was passed as long back as on 13.03.2014, respondent Nos.2 to 4 did not withhold any annual increment payable in favour of the petitioner and continued to make payment to the petitioner till 24.03.2023 upto 9 years from the date of the said order. Meanwhile, the petitioner having retired on attaining the age of superannuation on 31.03.2023, the respondents passed the impugned order dated 24.04.2023 purporting to recover a sum of Rs.3,01,834/- from out of the retirement / pensionary benefits payable to the petitioner, who is before this Court by way of the