Bharat Sanchar Nigam Ltd. & Anr vs Bpl Mobile Cellular Ltd. & Ors on 14 May, 2008
5 Considering the submissions made by the
learned advocates, as far as the first issue with
regard to the legality of the recovery order dated
01.04.2021 is concerned, perusal of the impugned
order indicates that reference is made to a
communication dated 19.03.2015, letter dated
16.08.2019 and letter dated 18.07.2020. As far as
the communication dated 19.03.2015 is
concerned, the same has been stayed by this Court
vide order dated 15.04.2015 in Special Civil
Application No. 6549 of 2015. The other
communications of 2019 and 2020 indicated that
recovery proceedings are to be initiated in respect
of those lecturers to whom the benefits of the 6th
Pay Commission had been granted without
approval of the State Government. Such lecturers
have not initiated any legal proceedings in the
Court of Law. What is evident on reading the
order of recovery is that it seeks to recover the
benefits granted to the petitioner of the 6 th Pay
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C/SCA/1052/2020 JUDGMENT DATED: 19/10/2022
Commission which the petitioner has earned for
having worked for a period from 01.01.2006 to
2009. Independent of the communications referred
to in the impugned order, even if the stand of the
respondents is accepted that they were paid
erroneously for which reliance has been placed on
a communication dated 20.07.2019 and February
2015, what is evident is that, in case of the
petitioner the payscales were granted and the
same was verified by the verification authorities
as is evident from the pay verification
communication dated 27.05.2011 (Annexure'E',
page 32 of the petition). Therefore, apart from the
recovery being grossly belated and initiated after
more than 12 years after the petitioner had
secured such benefits, even if it is a mistake, the
same cannot be corrected after such a long time.
The order, therefore, on this count also needs to
be quashed and set aside. The judgement in the
case of Bharat Sanchar Nigam Limited vs. BPL
Cellular Ltd., is not applicable as discussed
hereinabove.