State Of Punjab & Ors vs Rafiq Masih (White Washer) on 18 December, 2014
2. The case of the applicant is that he retired from service on 30.06.2016
while working as Telecom Mechanic, a Group 'C' post, in the office of the
SDE (G), BSNL, Surampatti, Erode. After his retirement, the 2nd respondent
issued a memo dated 26.07.2016 (Annexure-A2) stating that sanction of the
1st respondent was thereby conveyed for payment of Rs. 4,70,680/- towards
100% leave encashment to the applicant. The said Memo disclosed that a
sum of Rs. 1,24,097/- had been deducted therefrom on the ground of 'Over
Payment'. It is stated that such recovery of alleged over payment was
totally contrary to law laid by the Hon'ble Supreme Court in the State of
Punjab and Ors. vs. Rafiq Masih (White Washer) and, therefore, the
respondents are liable to refund the said amount to the applicant. The
applicant made a representation dated 05.03.2018 (Anexure-A3) to the 1st
3 of 4
respondent requesting refund of the said amount of Rs. 1,24,097/-.
However, the 3rd respondent has passed the impugned final order dated
24.3.2018 (Annexure-A1) refusing consideration of refund of recovery.
Hence this OA has been filed by the applicant seeking the aforesaid relief.