THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No.22574 of 2021
ORDER:
1. The petitioner is challenging the action of the respondents in recovering excess payments made towards pay and allowances as mentioned in the impugned proceedings. Admittedly, the petitioner retired from service. The petitioner contends that in view of the law laid down by the Supreme Court in State of Punjab v. Rafiq Masih1, wherein the Supreme Court has made it clear that amounts cannot be recovered from the retired employees, the impugned proceedings are liable to be set aside.
2. Learned counsel for the respondents contends that the excess amounts were erroneously paid to the petitioner and therefore, the respondents are entitled to recover the same from the petitioner.
3. This court, having considered the rival submissions made by both the parties, is of the considered view that the issue raised in the writ petition is squarely covered by the judgment of the Supreme Court in Rafiq Masih's case (supra) and view of the said judgment, the impugned proceedings are liable to be set aside.
4. Accordingly, the writ petition is allowed and the impugned proceedings are set aside. 1 (2015) 4 SCC 334 2
5. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.
____________________________ B.VIJAYSEN REDDY, J 16.09.2021 vs