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Securities and Exchange Board Of India VS Rajkumar Nagpal - 2022 0 Supreme(SC) 867 : In State of Punjab v. Rafiq Masih, (2014) 8 SCC 883, the Supreme Court held that under Article 142 of the Constitution of India, the Court has the power to do complete justice in any cause or matter pending before it, even if it requires relaxing the application of law or exempting parties from the rigours of the law in view of the peculiar facts and circumstances. The Court emphasized that this power is residuary and based on equitable principles, and while it cannot supplant substantive or statutory law, it may be used sparingly in cases where existing provisions of law cannot bring about complete justice between the parties. The judgment also clarified that Article 142 follows Article 141, meaning that while the law declared by the Supreme Court binds all courts, the Court''''s power under Article 142 allows it to ensure complete justice in individual cases.Checking relevance for Manju Devi VS Onkarjit Singh Ahluwalia @ Omkarjeet Singh...

Manju Devi VS Onkarjit Singh Ahluwalia @ Omkarjeet Singh - 2017 0 Supreme(SC) 850 : The Supreme Court in the Rafiq Masih case held that Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, creates a bar on the invocation of Section 438 of the Code of Criminal Procedure, 1973, in relation to offences under the SC/ST Act. The court found that the High Court erred in granting anticipatory bail to the respondents in a case involving offences under Section 3(1)(xi) of the SC/ST Act, which pertains to assaults or use of force on a woman belonging to a Scheduled Caste or Scheduled Tribe with the intent to dishonour or outrage her modesty. The appeal was allowed, and the respondents were granted four weeks to surrender before the appropriate court and seek regular bail. The judgment emphasizes that the special provisions of the SC/ST Act, including the exclusion of anticipatory bail under Section 438, must be strictly adhered to in cases involving atrocities against Scheduled Castes and Scheduled Tribes.Checking relevance for S. Sethurathinam Pillai VS Barbara Alias Dolly Sethurathinam...

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State of Kerala Rep. by its Secretary, Public Works Department VS Abraham P. Joseph S/o Joseph J. Panat - 2021 0 Supreme(Ker) 75 : In the Supreme Court judgment in State of Punjab vs. Rafiq Masih (White Washer), (2015) 4 SCC 334, the Hon''''ble Supreme Court laid down the following principles regarding the impermissibility of recovery of excess payments made to employees:

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service).(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.(v) In any other case, where the Court arrives at the conclusion that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such extent, as would far outweigh the equitable balance of the employer''''s right to recover.Checking relevance for Ommey Kulsum Mullick VS State of West Bengal...

Ommey Kulsum Mullick VS State of West Bengal - 2023 0 Supreme(Cal) 1396 : The Supreme Court in Rafiq Masih (White Washer) & Ors. vs. State of Punjab & Ors., (2015) 4 SCC 334, held that recovery of excess amount paid to a retired employee or an employee due to retire within one year is impermissible. The Court emphasized that such recovery cannot be made just before or after retirement, as it would be contrary to the principle of justice and fairness. This principle was reiterated in subsequent judgments, including Thomas Daniel vs. State of Kerala & Ors. (2022 SCC Online SC 536), which affirmed that attempts to recover incremental benefits after ten years of retirement are unjustified. The Court clarified that the right to recover excess amounts paid, even if without legal authority, does not extend to retirees or those nearing retirement, except in rare cases of extreme hardship, and not as a matter of right. The decision in Rafiq Masih thus established that recovery from retiral dues is barred in cases where the employee is close to retirement.Checking relevance for Jagdish Prasad Alias Jagdish Prasad Sonkar VS State Of U. P. Thru. Prin. Secy. (Home) Lko. ...

Jagdish Prasad Alias Jagdish Prasad Sonkar VS State Of U. P. Thru. Prin. Secy. (Home) Lko. - 2024 0 Supreme(All) 2154 : The Supreme Court in State of Punjab and others vs. Rafiq Masih (White Washer) and others held that recovery of salary from retired government employees is impermissible without due process, especially when the recovery period exceeds five years. The Court emphasized that a government employee''''s salary constitutes a vested right and cannot be recovered without affording the employee an adequate opportunity to be heard. The judgment established binding guidelines that recovery of excess salary payments from retired employees must not be done arbitrarily and must comply with principles of natural justice. The Court further clarified that the directions issued in this case, though initially passed under Article 142, were in fact issued under Article 136 and thus constitute a binding precedent under Article 141 of the Constitution, as confirmed by subsequent Supreme Court decisions in Thomas Daniel vs. State of Kerala and Jagdish Prasad Singh vs. State of Bihar. The judgment is therefore binding and applicable to similar cases involving salary re-fixation and recovery from retired employees.

• Rafiq Masih Judgment (2015) - The Supreme Court in State of Punjab v Rafiq Masih established clear guidelines on recoveries from employees, emphasizing that recoveries for excess payments made over a period exceeding five years are generally impermissible, especially when there is no fault or misrepresentation by the employee. The judgment primarily protected Class III and IV employees from such recoveries, prohibiting the employer from recovering amounts without fault ["UNION OF INDIA & ORS. vs SHRI SIHOR RAM EX SSE GROUP C - Delhi"], ["NEW DELHI MUNICIPAL COUNCIL AND ANR vs NARESH VERMA - Delhi"], ["The Commissioner Panchayat Union vs K.SELVAKUMAR - Madras"], ["Manoj Singh Bais vs M/o Railways - Central Administrative Tribunal"], ["DR. M.C. PANDEY Vs UNION OF INDIA & ANR - Delhi"], ["MAHANAGAR TELEPHONE NIGAM LIMITED (MT.N.L) THORUGH ITS DEPUTY MANAGER (P AND A) Vs SATYA NARAIN SHAHNI - Delhi"].

• Exceptions and Dilutions - The judgment's rigour has been diluted in subsequent rulings, notably in Jagdev Singh v High Court of Punjab and Haryana (2016), which carved out exceptions to recoveries from certain categories, especially concerning recoveries from retiral benefits. Nonetheless, the core principle remains that recoveries beyond five years and where employees are not at fault are generally invalid ["UNION OF INDIA & ORS. vs SHRI SIHOR RAM EX SSE GROUP C - Delhi"], ["NEW DELHI MUNICIPAL COUNCIL AND ANR vs NARESH VERMA - Delhi"], ["DR. M.C. PANDEY Vs UNION OF INDIA & ANR - Delhi"].

• Application to Cases - Courts have consistently relied on Rafiq Masih to set aside illegal recovery orders, especially where recoveries were made over long periods without employee fault or consent. The judgment extends beyond classification, focusing on protecting employees from financial distress due to unjust recoveries ["The Commissioner Panchayat Union vs K.SELVAKUMAR - Madras"], ["Manoj Singh Bais vs M/o Railways - Central Administrative Tribunal"].

• Legal Principles and Variations - While Rafiq Masih provides a broad framework, some judgments differentiate cases based on employee categories or specific circumstances, such as excess payments with employee consent or recoveries within statutory periods. The decision in Chandi Prasad Uniyal (2012) allowed recoveries in certain circumstances, indicating that recoveries can be justified if made within permissible limits and with employee consent ["UNION OF INDIA & ORS. vs SHRI SIHOR RAM EX SSE GROUP C - Delhi"], ["NEW DELHI MUNICIPAL COUNCIL AND ANR vs NARESH VERMA - Delhi"], ["RENU SINHA & ANR. Vs OM PRAKASH & ANR. - 2017 Supreme(Online)(DEL) 3786"], ["State Bank of India vs K.Manickam - Madras"].

• Overall Conclusion - The Supreme Court's judgment in Rafiq Masih is a landmark ruling that restricts recoveries of excess payments, especially after five years and absent employee fault. Subsequent rulings have refined its scope, emphasizing fairness and preventing undue financial hardship on employees. Courts continue to apply these principles, balancing employer rights with employee protections All sources.

Summary:The Rafiq Masih case (2015) set a precedent that recoveries from employees for excess payments made over five years are generally impermissible unless specific exceptions apply. The judgment primarily protected Class III and IV employees but has been subject to subsequent judicial clarifications and exceptions, notably in Jagdev Singh. Courts consistently rely on this ruling to strike down unlawful recovery orders, emphasizing fairness and employee protection.