The Himachal Pradesh High Court allowed a petition, filed for setting aside an order and refund of the amount that has been recovered from the petitioners. The Court observed that recovery, if any, made from the petitioners would be iniquitous/harsh as the same would far outweigh the equitable balance of the employer’s right to recover.
Brief Facts:
The late husband of petitioner No.1 was serving as a Beldar and he died in harness in 2011. In the aforesaid facts and attending circumstances, petitioner No.1 was drawing a pension. Similarly, the late husband of petitioner No.2 had also died on 16.07.2010 in harness. Petitioner No.2 was, therefore, drawing a pension.
The aforesaid two petitioners had applied for compassionate appointment and they were offered the same in the year, 2014. Subsequently, in the year, 2019, their services were regularized. The recovery now sought to be effected is on account of Dearness Allowance given to petitioners No.1 and 2 in their capacity as pensioners.
Observations of the Court:
The Court observed that recovery, if any, made from the petitioners would be iniquitous/harsh as the same would far outweigh the equitable balance of the employer’s right to recover. Therefore, the recovery ought not to have otherwise been effected.
The Court cited the judgment of the apex Court in the State of Punjab and others vs. Rafiq Masih (White Washer) and others, AIR 2015 SC 696 which was relied upon by the Court previously in which the apex court had laid down certain parameters in which recovery by the employer would be impermissible in the law.
The decision of the Court:
The Himachal Pradesh High Court, allowing the petition, held that the recovery ordered to be effected in pursuance to Office Order dated 23.07.2021 is ordered to be quashed and set aside.
Case Title: Dev Kanya & Anr. v State of Himachal Pradesh & Ors.
Coram: Hon’ble Justice Bipin Chander Negi
Case no.: CWP No.4566 of 2022
Advocate for the Petitioner: Mr. Bonit Prakash
Advocate for the Respondents: Mr. Anup Rattan
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