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2026 Supreme(Online)(Ker) 5500

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
DR.PRATHIBHA P NAIR, DR. SREE DEEPTHI G.N, DR.AKASH LAL M – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.MADHU, SMT.C.R.SARADAMANI, SMT.AVANTHIKA R., SHRI.KARTHIK KRISHNA M., SMT.ARUNIMA A.R., SHRI.T.S.DAVIS
For the Respondents: O.M.SHALINA

OP(CAT)No. 137 of 2025 …............................................................ Dated this the 31st day of January, 2026 JUDGMENT Sushrut Arvind Dharmadhikar i, J.

The learned counsel for the petitioners submit that the petitioners do not want to press the relief with regard to House Rent Allowance. So far as recovery is concerned, the learned tribunal in paragraph No.36 has categorically held that recoveries have to be effected based on the parameters laid down by the Hon'ble Supreme Court in State of Punjab v. Rafiq Masih (White Washer) [ (2015) 4 SCC 334 ], and the O.M., issued by the Department of Personnel and Training, after examining the case of all the petitioners individually and taking a decision appropriately.

2. During the pendency of this OP(CAT), the respondents have complied with this order and has issued orders, which are produced along with I.A.No.1 of 2026, an application for taking documents on record. In these orders, it is clearly stated that they have been issued as per the directions contained in the Tribunal's order dated 23.06.2025 in O.A.No.304 of 2024.

3. The learned counsel for the petitioners submitted that these orders of recovery needs to be stayed.

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