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Col. (Retd.) B.J. Akkara vs The Govt. Of India & Ors on 10 October, 2006 cites

R.K. Garg Etc. Etc vs Union Of India & Ors. Etc on 20 October, 1981

23. It was alleged that in the case of civilian medical officers, the nodal Ministry had issued circulars dated 17.12.1998 and 29.10.1999 (corresponding to the Defence Ministry's Circulars dated 7.6.1999 and 11.9.2001); that some civilian Medical Officer Retirees had challenged the said circular dated 29.10.1999 directing that NPA shall not be added to minimum pay in the revised scale, before the Delhi High Court; that the High Court had allowed the said writ petitions (CWP No.7322/2001 and connected cases  K. G. Garg vs. Union of India) by order dated 18.5.2002; and that the said order was not challenged by the Union of India, but on the other hand, was implemented by adding NPA to basic pay while stepping up the pension in the case of civilian Medical Doctors who had retired prior to 1.1.1996. It is contended that the Respondents having accepted and implemented the decision of the Delhi High Court in the case of civilian medical officers, cannot discriminate against the Defence service medical officers placed in identical position and therefore the benefit given to the civilian medical officers in pursuance of the decision of the Delhi High Court should also be extended to them. The petitioners rely on the broad principles underlying estoppel by Judgment, legitimate expectation, and fairness in action in support of their contention.
Supreme Court of India Cites 59 - Cited by 553 - A C Gupta - Full Document

Union Of India And Anr vs M. Bhaskar And Ors on 6 May, 1996

25. The last question to be considered is whether relief should be granted against the recovery of the excess payments made on account of the wrong interpretation/understanding of the circular dated 7.6.1999. This Court has consistently granted relief against recovery of excess wrong payment of emoluments/allowances from an employee, if the following conditions are fulfilled [Vide Sahib Ram vs. State of Haryana [1995 Suppl.1 SCC 18], Shyam Babu Verma vs. Union of India [1994 (2) SCC 521], Union of India vs. M. Bhaskar [1996 (4) SCC 416], and V. Gangaram vs. Regional Joint Director [AIR 1997 SC 2776] :
Supreme Court of India Cites 2 - Cited by 446 - Full Document

Union Of India & Ors vs Smt. Sujatha Vedachalam & Anr on 7 April, 2000

27. A faint attempt was made by the learned Addl. Solicitor General appearing for Respondent to contend that all such wrong payments could be recovered and at best the pensioners may be entitled to time or instalments to avoid hardship. No doubt in Union of India vs Sujatha Vedachalam [2000 (9) SCC 187], this Court did not bar the recovery of excess pay, but directed recovery in easy instalments. The said decision does not lay down a principle that relief from recovery should not be granted in regard to emoluments wrongly paid in excess, or that only relief in such cases is grant of instalments. A direction to recover the excess payment in instalments or a direction not to recover excess payment, is made as a consequential direction, after the main issue relating to the validity of the order refixing or reducing the pay/allowance/pension is decided. In some cases, the petitioners may merely seek quashing of the order refixing the pay and may not seek any consequential relief. In some cases, the petitioners may make a supplementary prayer seeking instalments in regard to refund of the excess payment if the validity of the order refixing the pay is upheld. In some other cases, the petitioners may pray that such excess payments should not be recovered. The grant of consequential relief would, therefore, depend upon the consequential prayer made. If the consequential prayer was not for waiving the excess payment but only for instalments, the court would obviously consider only the prayer for instalments. If any decision which upholds the refixation of pay/pension does not contain any consequential direction not to recover the excess payment already made or contains a consequential direction to recover the excess payment in instalments, it is not thereby laying down any proposition of law but is merely issuing consequential direction in exercise of judicial discretion, depending upon the prayer for consequential relief or absence of prayer for consequential relief as the case may be, and the facts and circumstances of the case. Many a time, the prayer for instalments or waiver of recovery of excess, is made not in the pleadings but during arguments or when the order is dictated upholding the order revising or re-fixating the pay/pension.
Supreme Court of India Cites 1 - Cited by 79 - V N Khare - Full Document

M/S.Style (Dress Land) vs Union Territory Chandigarh & Anr on 18 August, 1999

28. The learned Additional Solicitor General next submitted that in so far as refund of the excess pension relating to the period 11.9.2001 to date, the petitioners who have obtained interim orders of stay, should be made liable to pay interest, as the petitioners had the benefit of such excess payment. Reliance is placed on the decisions of this Court in Style (Dress Land) vs. Union Territory, Chandigarh [ 1999 (7) SCC 89], Ouseph Mathai vs. M. Abdul Khadir [2002 (1) SCC 319], Rajasthan Housing Board vs. Krishna Kumari [2005 (13) SCC 151]. It is no doubt true that the petitioners, who have obtained orders of interim stay, have been receiving excess pension even after the clarification contained in the Circular dated 11.9.2001 and that they are bound to refund the excess received after 11.9.2001. But there was some amount of confusion on account of the earlier interpretation of the Circular dated 7.6.1999 by the Department itself. Further, the petitioners are all pensioners, who have prosecuted these petitions bonafide. In the circumstances, on the facts and circumstances, we do not propose to award of interest on the amounts to be refunded.
Supreme Court of India Cites 15 - Cited by 170 - Full Document

Ouseph Mathai & Ors vs M. Abdul Khadir on 5 November, 2001

28. The learned Additional Solicitor General next submitted that in so far as refund of the excess pension relating to the period 11.9.2001 to date, the petitioners who have obtained interim orders of stay, should be made liable to pay interest, as the petitioners had the benefit of such excess payment. Reliance is placed on the decisions of this Court in Style (Dress Land) vs. Union Territory, Chandigarh [ 1999 (7) SCC 89], Ouseph Mathai vs. M. Abdul Khadir [2002 (1) SCC 319], Rajasthan Housing Board vs. Krishna Kumari [2005 (13) SCC 151]. It is no doubt true that the petitioners, who have obtained orders of interim stay, have been receiving excess pension even after the clarification contained in the Circular dated 11.9.2001 and that they are bound to refund the excess received after 11.9.2001. But there was some amount of confusion on account of the earlier interpretation of the Circular dated 7.6.1999 by the Department itself. Further, the petitioners are all pensioners, who have prosecuted these petitions bonafide. In the circumstances, on the facts and circumstances, we do not propose to award of interest on the amounts to be refunded.
Supreme Court of India Cites 19 - Cited by 220 - Full Document
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