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Lakhmi Chand vs Delhi Development Authority (Dda) on 12 March, 2025 cites

State Of Punjab & Ors vs Rafiq Masih (White Washer) on 18 December, 2014

(iv) The applicant is Class-I officer and was well aware of the re- fixation of pay from Rs.93,800/- to Rs.91,100/- and recovery made from the dues on day of retirement. Thus, there is no impediment in recovery and correction of pay as no one can be enriched illegally. Law laid down in case of State of Punjab Vs. Rafiq Masih (While Washer) [2015 (4) SCC 334] is not applicable for Class-I and Class-II officers.
Supreme Court of India Cites 15 - Cited by 7379 - J S Khehar - Full Document

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

Hon'ble Supreme court in Thomas Daniel vs. State of Kerala, 2022 SCC Online SC 536, M.P. Medical Officers Association Vs. State of M.P.(supra) and Smt. Sasikala Devi Vs. State of Kerala (supra) has quashed the recovery made where no fraud or misrepresentation on the part of employee. However, in peculiar facts and circumstances of the case, there was no misrepresentation or fraud and order directing recovery of excess amount paid from pensionary benefits held to be unjustified being arbitrary, out weighing the equitable balance of the employer's right to recover. In light of the above, the recovery of Rs.3,50,239/- from the applicant is held to be unjustified.
Supreme Court of India Cites 3 - Cited by 267 - S A Nazeer - Full Document

Er.Gurcharan Singh Grewal & Anr vs Punjab State Electricity Board & Ors on 9 January, 2009

11. With this O.A. stands disposed of and the respondents are directed to step up the pay of the applicant at par with his junior aforesaid and in terms of the directions contained in the case of Harcharan Singh Sudan (supra). It is made clear that the applicant shall be given stepping up of pay only and not the pay scale, as explained above. The pay may be fixed accordingly and arrears be also paid to him within a period of three months from the date of receipt of a copy of this order. However, in the given facts and circumstances of the case, applicant is not entitled to interest. Parties to bear their own costs."
Supreme Court of India Cites 1 - Cited by 221 - A Kabir - Full Document

Union Of India & Ors vs R. Vasudeva Murthy & Ors on 6 August, 2010

14. As evident from impugned Order dated 14.02.2023 that pay anomaly was rectified and same was due to option exercised on 10 O.A. No. 2978/2023 grant of ACP/MACP and with respect to applicant, pay anomaly rectified, arisen due to option under FR 22(i)(a)(1) exercised by Shri Rajendra Singh Benewal and said rectification of difference in pay after retirement has been re-verified and basic pay reduced from Rs.93,800/- to Rs.91,100/- in GP Rs.6600/-. The reason for said reduction given in the impugned order dated 14.02.2023, extracted hereinabove, is contrary to law laid down by Hon'ble Supreme court in case of Gurucharan Singh Grewal (supra), Union of India vs. C.R. Mahadev Murthy & Ors. (supra). Their Lordships seisin with grievance with respect to the anomaly in the pay scale due to granting upgradations under ACP Scheme, their juniors were getting higher salaries than what they receive, directed the pay of senior was required to be stepped up from date they have started drawing lesser pay than their juniors due to upgradation under ACP Scheme.
Supreme Court of India Cites 3 - Cited by 17 - D Verma - Full Document

Syed Abdul Qadir & Ors vs State Of Bihar & Ors on 16 December, 2008

20. The law regarding recovery of excess amount from pensionary benefits is well-settled by judgment of Hon'ble Supreme Court in case of Rafiq Masih (supra), Syed Abdul Qadir vs. State of Bihar (2009) 3 SCC 475 - recovery is prohibited by Courts where there is no misrepresentation or fraud on part of employees and excess has been paid by applying a wrong Rule or Order. So to avoid hardships and settled equity on retirement or on verge of retirement no recovery be made because of carelessness of officials of Government.
Supreme Court of India Cites 5 - Cited by 2121 - B N Agrawal - Full Document

All India Postal Sbco Employees' ... vs The Union Of India & Ors on 18 April, 2019

So also DB of this Tribunal in case of All India Postal Accountants Employees Association & Anr. Vs. Union of India & Ors. (supra) declared para 8 of ACP Scheme ultra vires. We have already extracted relevant paragraphs of above precedents on the issue of stepping up of pay where junior were drawing more pay on account of upgradation under ACP Scheme.
Calcutta High Court (Appellete Side) Cites 1 - Cited by 0 - D Basak - Full Document
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