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1 - 4 of 4 (0.17 seconds)Article 227 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
State Of Punjab & Ors vs Rafiq Masih (White Washer) on 18 December, 2014
In the case of Rafiq Masih (supra), on account of
wrong fixation of pay by the Executive Engineer, the recovery
of excess money was sought from the pensionary benefits of
the respondents. Therefore, the issue that arose before the
Apex Court was whether or not the Government is entitled to
recover from an employee, any payment made in excess of
what the employee is otherwise entitled to, in the absence of
any fraud, or misrepresentation on the part of an employee ?
However, in the present case, admittedly the petitioners
(Respondents in W.P.Nos.5905 & 10190-10210/2014 &
connected matters), were sent on deputation from the
department of Animal Husbandry to Karnataka Milk
Federation (KMF) and BAMUL. Thus, they were well aware
of the fact that they are not entitled to the VRS Scheme
floated by KMF. But, despite this fact, they took benefit of
the same. Subsequently, wanting to be treated as
Government employees, they approached the Karnataka
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Administrative Tribunal by filing applications before it. By
judgment dated 08.06.2009, the learned Tribunal directed
that the applicants therein should be treated as Government
employees. Subsequently, the petitioners herein have
received the pensionary benefits from the Government.
Thus, the petitioners were aware of the fact that, on one
hand, they were not entitled to the VRS Scheme floated by
the KMF, and yet, on the other hand, they had taken the
benefit of the said scheme, and simultaneously they had also
received the pensionary benefits from the Government.
Therefore, the petitioners cannot plead that they have not
played fraud. Since the petitioners were not entitled to both
the benefits, they have received ill gotten gains. Therefore,
prima-facie, a fraud appears to have been played by the
petitioners.
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