Recovery from employees for excess payments made over five years prior is not legally permissible.

O R D E R

This writ petition has been filed challenging the impugned proceedings dated 03.12.2021, issued by the second respondent and the consequential proceedings dated 19.01.2022, issued by the third respondent, seeking to recover the alleged excess payments made to the petitioner in the form of incentive increment in the year 2011.

2. The petitioner was awarded incentive increment for acquiring higher educational qualification on 10.11.2011. However, the respondents, based on the audit objections, have issued the impugned proceedings, on the ground that the incentive increment awarded to the petitioner was erroneous and incorrect. Admittedly, more than five years have elapsed from the date when the petitioner was awarded incentive increment in the year 2011 till the date of passing of the impugned proceedings, which are dated 03.12.2021 and

19.01.2022.

3. The law is now well settled by the decision rendered by the Honourable Supreme Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) and others, reported in (2015) 4 SCC 334 wherein, it has been held that recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued, is legally impermissible.

4. The petitioner is also having the benefit of interim stay of the operation of the impugned proceedings pursuant to the order passed by this Court on 22.06.2022.

5. In view of the settled law and in view of the fact that recovery is sought to be made by the respondents after a lapse of more than five years from the date when the petitioner was awarded incentive increment, the impugned proceedings have to be quashed by this Court.

6. Accordingly, this writ petition is allowed and the impugned proceedings dated 03.12.2021, issued by the second respondent and the consequential proceedings dated 19.01.2022, issued by the third respondent, are quashed. No costs. Consequently, connected miscellaneous petition is closed.