settled by the Apex Court in State
of Punjab vs Rafiq Masih (White Washer ), (2015) 4 SCC
334 wherein it has been held that ... been succinctly
discussed by the Apex Court in its judgment in Rafiq Masih
(supra) case. This judgment derived its basis from the
Directive Principles
Apex
Court in Rafiq Masih case.
4.9 When the matter was under consideration in Rafiq
Masih (supra) case a reference was made to a Three ... only clause (ii) of the Rafiq Masih (supra) decision. The
clause (ii) of the said paragraph in Rafiq Masih case states"
Recovery from retired
Apex Court in Rafiq Masih
case.
7. When the matter was under consideration in Rafiq
Masih (supra) case a reference was made to a Three ... amount
subject to the limitations in Rafiq Masih case.
8. Question has been raised whether the Rafiq Masih
judgment has overruled the provisions
Masih (supra)
case are applicable to a recovery case, which pertains to the
year 2011, prior to the pronouncement of the judgment in
Rafiq Masih ... amount
subject to the limitations in Rafiq Masih case.
9. Question has been raised whether the Rafiq Masih
judgment has considered the provisions
Supreme
Court in the matter of State of Punjab v Rafiq
Masih (White Washer ), (2015) 4 SCC 334;
(iii) Release the pension of the Applicant ... quoted paragraph 12 in Rafiq
Masih (supra) case are attracted in this case.
Subsequently, the judgment in Rafiq Masih case was
affirmed by the Apex
Supreme Court in State of
Punjab and Others etc. vs. Rafiq Masih (White Washer) etc. AIR
2015 SC 696.
5. The respondents in their counter ... Supreme Court in the matter of Rafiq Masih, that no
recovery of overpayment is to be effected either after retirement or
during the last year
Masih case.
21. Though it has been argued by the learned counsel for the
respondents that the ratio of the judgment in Rafiq Masih
(supra ... Rafiq Masih case is
squarely applicable.
11. In the instant case, the ratio of the judgment of the
Apex court in Rafiq Masih (supra) case
matter of the State of Punjab & Ors. vs. Rafiq Masih
(white washer) & Ors., AIR 2015 (4) SCC 334 and in the
matter ... notice
after setting out the law laid down in Rafiq
Masih. In Rafiq Masih the Supreme Court had, in
paragraph 18 of the judgment, observed
Apex Court in State
of Punjab & ors. Vs. Rafiq Masih (White Washer) in Civil
Appeal No.11527/2014. However, the respondents vide
order dated ... laid down by the Hon'ble Apex
Court in Rafiq Masih (supra) is that it is impermissible in
law to recover any irregular payment
declared by
Hon'ble Supreme Court in the case of Rafiq Masih
case and is also in violation of O.M dated ... covered by the
Rafiq Masih case, the relevant portion of the DOPT OM
dated 02.03.2016 issued after the Rafiq Masih case is
quoted below
