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1 - 8 of 8 (0.30 seconds)State Of Punjab & Ors vs Rafiq Masih (White Washer) on 18 December, 2014
In
view of the observations made in Chandi Prasad Uniyal and others
(supra) that a few exceptions of extreme hardships could be excluded
from the recovery proceedings and the subsequent decision in White
Waher's case reported in (2015) 4 SCC 334, wherein the said situations
were narrowed down and postulated, this Court is of the view that the
instances mentioned therein could be adopted as a guideline. If so, the
recovery made from the petitioner, who had reached his age of
superannuation, cannot be sustained in view of Clause 18(ii) which
states that recovery from the retired employees or the employees, who
are due to retire within a period of one year, is impermissible in law.
Article 142 in Constitution of India [Constitution]
Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors on 17 August, 2012
The learned counsel would rely on the
decision in Chandi Prasad Uniyal and Others (supra) and submit that
since the Hon'ble Supreme Court was of the view that the decision was
under Article 136 of the Constitution, it would tantamount to laying
down the correct proposition and therefore, since Chandi Prasad Uniyal
and Others (supra) had held that excess payment made by the mistake
was subject to recovery, there is no infirmity in the order. The relevant
portion of the Hon'ble Apex Court in Chandi Prasad Uniyal and others'
case (supra) reads as hereunder:-
Article 226 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Shyam Babu Verma vs Union Of India on 8 February, 1994
While holding the reference,
the Hon'ble Apex Court had held that in the decisions in Shyam Babu
Verma's case and Sahib Ram's case, directions were issued in exercise
of the powers of the Hon'ble Supreme Court under Article 142 of the
Constitution of India.
Mariappan vs The District Collector And District ... on 18 August, 2014
6.Before adverting to the submissions made by the respective
counsel, it would be appropriate to refer a recent decision of this Court
in the case of Mariappan Vs. The Deputy Collector in W.P.(MD)No.
17348 of 2018, dated 18.12.2019, wherein a law laid down by the
Hon'ble Apex Court in the case of White Washer's case (supra) was
considered in detail and held as follows:-
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