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Documents citing Thomas Daniel vs State Of Kerala . on 2 May, 2022

Lakhmi Chand vs Delhi Development Authority (Dda) on 12 March, 2025

Hon'ble Supreme court in Thomas Daniel vs. State of Kerala, 2022 SCC Online SC 536, M.P. Medical Officers Association Vs. State of M.P.(supra) and Smt. Sasikala Devi Vs. State of Kerala (supra) has quashed the recovery made where no fraud or misrepresentation on the part of employee. However, in peculiar facts and circumstances of the case, there was no misrepresentation or fraud and order directing recovery of excess amount paid from pensionary benefits held to be unjustified being arbitrary, out weighing the equitable balance of the employer's right to recover. In light of the above, the recovery of Rs.3,50,239/- from the applicant is held to be unjustified.
Central Administrative Tribunal - Delhi Cites 13 - Cited by 0 - Full Document

Y Balaji Rao vs M/O Agriculture on 21 September, 2023

10. On the contrary, learned counsel for the respondents submitted that the above judgment of the Hon'ble Supreme Court in Thomas Daniel v. State of Kerala & ors is not applicable to the present case as the facts and circumstances of the case on hand and the case before the Apex Court are distinct and submitted that there is no illegality in recovering the excess payment made to the applicant.
Central Administrative Tribunal - Hyderabad Cites 4 - Cited by 0 - Full Document

I.Suryanarayana Murthy vs The State Of Andhra Pradesh on 1 September, 2025

11. Thus placing reliance on the judgment of the Hon'ble Apex Court in the case of Thomas Daniel Vs. State Of Kerala and others and decision of the Gauhati High Court in the case of Virendra Dutt Gyani (referred supra), affirmed by the Hon'ble Apex Court, Writ Petition Nos.41889, 16062, 16067, 18472, 24745, 27897 & 27933 of 2022 are disposed of with the following directions:
Andhra Pradesh High Court - Amravati Cites 8 - Cited by 0 - Full Document

Bhola Nath vs Jal Shakti Department on 12 February, 2026

11. The issue raised in the present case is no longer res integra. The Hon'ble Supreme Court in State of Punjab v. Rafiq Masih, Thomas Daniel v. State of Kerala, and Jagdish Prasad Singh v. State of Bihar has categorically held that recovery or reduction of retiral benefits from a retired employee, in the absence of fraud or misrepresentation, is impermissible in law and offends Articles 14 and 300-A of the Constitution of India. Pension and gratuity constitute property within the meaning of Article 300-A and cannot be withheld or reduced except by authority of law.
Central Administrative Tribunal - Jammu Cites 7 - Cited by 0 - Full Document

Telaprolu Rama Subba Rao vs State Of Andhra Pradesh on 1 September, 2025

11. Thus placing reliance on the judgment of the Hon'ble Apex Court in the case of Thomas Daniel Vs. State Of Kerala and others and decision of the Gauhati High Court in the case of Virendra Dutt Gyani (referred supra), affirmed by the Hon'ble Apex Court, Writ Petition Nos.41889, 16062, 16067, 18472, 24745, 27897 & 27933 of 2022 are disposed of with the following directions:
Andhra Pradesh High Court - Amravati Cites 8 - Cited by 0 - Full Document

Palvadi Lokeswara Venkata Varaprasad vs Transmission Corporation Of Ap Ltd on 1 September, 2025

11. Thus placing reliance on the judgment of the Hon'ble Apex Court in the case of Thomas Daniel Vs. State Of Kerala and others and decision of the Gauhati High Court in the case of Virendra Dutt Gyani (referred supra), affirmed by the Hon'ble Apex Court, Writ Petition Nos.41889, 16062, 16067, 18472, 24745, 27897 & 27933 of 2022 are disposed of with the following directions:
Andhra Pradesh High Court - Amravati Cites 8 - Cited by 0 - Full Document

Mohammad Gouse Mohiddin vs The Andhra Pradesh Eastern Power ... on 1 September, 2025

11. Thus placing reliance on the judgment of the Hon'ble Apex Court in the case of Thomas Daniel Vs. State Of Kerala and others and decision of the Gauhati High Court in the case of Virendra Dutt Gyani (referred supra), affirmed by the Hon'ble Apex Court, Writ Petition Nos.41889, 16062, 16067, 18472, 24745, 27897 & 27933 of 2022 are disposed of with the following directions:
Andhra Pradesh High Court - Amravati Cites 8 - Cited by 0 - Full Document

R V Subba Rao vs The State Of Ap on 1 September, 2025

11. Thus placing reliance on the judgment of the Hon'ble Apex Court in the case of Thomas Daniel Vs. State Of Kerala and others and decision of the Gauhati High Court in the case of Virendra Dutt Gyani (referred supra), affirmed by the Hon'ble Apex Court, Writ Petition Nos.41889, 16062, 16067, 18472, 24745, 27897 & 27933 of 2022 are disposed of with the following directions:
Andhra Pradesh High Court - Amravati Cites 8 - Cited by 0 - Full Document

M.Venkateswara Rao vs State Of Andhra Pradesh on 1 September, 2025

11. Thus placing reliance on the judgment of the Hon'ble Apex Court in the case of Thomas Daniel Vs. State Of Kerala and others and decision of the Gauhati High Court in the case of Virendra Dutt Gyani (referred supra), affirmed by the Hon'ble Apex Court, Writ Petition Nos.41889, 16062, 16067, 18472, 24745, 27897 & 27933 of 2022 are disposed of with the following directions:
Andhra Pradesh High Court - Amravati Cites 8 - Cited by 0 - Full Document
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