Search Results Page

Search Results

1 - 3 of 3 (0.45 seconds)
_______________________________________________________ vs State Of H.P. And Others on 4 June, 2025 cites

S.S. Chaudhary vs . State Of H.P. & Ors. Alongwith ... on 26 April, 2022

8. No doubt, sum of Rs. 1,52,512/-, which has been recovered from the retiral benefit of the petitioner was paid in excess on account of wrong pay fixation, but question, which now needs to be determined in the instant proceedings, is " whether payment made in excess, if any, can be recovered from Class III and IV employee after retirement?". Answer to aforesaid question already stands adjudicated by the Hon'ble Apex Court in Rafiq Masih case(supra) wherein while holding that recovery from Class-III and IV is not permissible, has stated that once there is nothing to suggest that amount sought to be recovered received by the employee concerned on account of misrepresentation, same cannot be recovered in terms of the judgment passed by Hon'ble Apex Court in Rafiq Masih case (supra) which in turn came to be relied upon by Division Bench of this Court in CWPOA No.3145 of 2019, titled as S.S. Chaudhary vs. State of H.P. and others, decided on 24.03.2022. In the aforesaid 5 judgment, following parameters came to be laid where recovery by the employer would be permissible/impermissible from the employee:-
Himachal Pradesh High Court Cites 1 - Cited by 81 - Full Document

Thomas Daniel vs State Of Kerala . on 2 May, 2022

9. Apart from above, issue with regard to recovery from Class-III & IV employees after their retirement stands duly settled by the Hon'ble Supreme Court in Thomas Daniel Vs. State of Kerala & Others, 2022 AIR (SC) 2153, decided on 02.05.2022 and in Civil Appeal No. 5527 of 2022, Madhya Pradesh Medical Officers Association vs. State of Madhya Pradesh and others, decided on 26.08.2022.
Supreme Court of India Cites 3 - Cited by 267 - S A Nazeer - Full Document
1