Allahabad High Court
Yashpal Verma vs State Of U.P. Thru. Prin. Secy. Rural ... on 24 October, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:71736 Court No. - 6 Case :- WRIT - A No. - 9824 of 2024 Petitioner :- Yashpal Verma Respondent :- State Of U.P. Thru. Prin. Secy. Rural Developement Deptt. Lko And 2 Others Counsel for Petitioner :- Ashok Kumar Yadava,Rakesh Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
With the consent of the parties, the present writ petition is being decided finally at the admission stage.
The present writ petition has been preferred for quashing of the impugned recovery order dated 30.11.2023 passed by respondent no. 3/Soil Conservation Officer, Kuris, District Barabanki and with a further prayer to direct the respondent to pay the retiral dues to the petitioner.
Learned counsel for the petitioner has submitted that the petitioner after attaining the age of superannuation has retired on 30.09.2024 from the post of Accountant (Class III post) and the impugned order dated 28.09.2024 was served upon the petitioner for recovery of Rs. 4,88,022/- i.e. the excess amount paid to the petitioner due to wrong fixation of salary by granting him promotion by mistake.
It is further contended that prior to passing of this order, no opportunity was provided to the petitioner. It is further submitted that the petitioner was serving as Class-III employee. In support of his submission, he has relied upon the judgment of Hon'ble Supreme Court passed in the case of State of Punjab and others versus Rafiq Masih (White Washer) and others [2015 (4) SCC 334].
Written instruction filed by the learned Standing counsel is taken on record.
Learned Standing Counsel has opposed the writ petiton ion the basis of written instructions. Further, He has submitted that due to wrong fixation of salary, the excess amount was paid to the petitioner, hence, recovery of the excess payment is not bad in the eyes of law but unable to dispute the submissions made and could not distinguish the judgment relied upon by the learned counsel for the petitioner.
The excess payment made to an employee during service period cannot be recovered after retirement and or the employees who are due to retire within one year, of the order of recovery from class III & IV employees in view of the judgement of the Hon'ble Apex Court in the case of State of Punjab and others versus Rafiq Masih (supra). Certain conditions have been laid down in the said judgment wherein recoveries by the employees would be impermissible in law. The relevant extract is quoted herein below:-
"(i) Recovery from the employees belonging to Class III and IV service (or Group C and Group D service).
(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.
(iii) 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.
(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 an extent, as would far outweigh the equitable balance of the employer's right to recover. "
The present case is fully covered by condition Nos. (i) and (ii) of the judgment of Hon'ble Apex Court as the impugned order dated 28.09.2024 was served after the date of retirement itself.
The writ petition is allowed.
The impugned recovery order dated 28.09.2024 passed by respondent no. 3/Soil Conservation Officer, Kuris, District Barabanki is hereby quashed.
Respondents are directed to ensure payment of all the post retiral dues including pension of the petitioner within a period of two months from the date of production/receipt of certified copy of this order.
(Alok Mathur, J.) Order Date :- 24.10.2024 Ravi/