THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.29077 of 2023
ORDER:
This Writ Petition is filed seeking a writ of mandamus declaring the proceedings No.417/A9UAD/GAZ/2019, dated 23.03.2019 where under an amount of Rs.12,43,853/- representing the excess payment was sought to be recovered from the petitioner's pensionery benefits from 01.01.1996 to 08.05.2007 and 09.01.2007 to 31.08.2018 as illegal and arbitrary and consequently to direct the respondents to refund the amount with interest at 12% per annum from the date of recovery till the date of refund and to pass such other order or orders.
2. Brief facts leading to the filing of the present Writ Petition are that the petitioner joined as a Lecturer in the Department of Mathematics, University College Science, Osmania University i.e., the 1st respondent herein and thereafter, he was promoted as Associate Professor in the year 1994 and subsequently was promoted as Professor in July 2006 under Career Advancement Scheme (CAS) and retired from the service on 28.02.2019. It is submitted that after retirement, on the ground that the reader increment has been erroneously given, recovery of excess PMD,J W.P.No.29077 of 2023 2 payment from 01.01.1996 to 08.05.2007 and 09.01.2007 to 31.08.2018 was made by the 1st respondent. The learned counsel for the petitioner submitted that the Hon'ble Supreme Court in the case of State of Punjab Vs. Rafiq Masih 1 has held that the recovery of payments made during the course of employment cannot be made after the retirement of the employee. It is submitted that following the said judgment this Court, in a number of cases such as in Dr.Shahanaz Begum Vs. Osmania University and others in W.P.No.4830 of 2023, has directed the authorities not to make the recoveries.
3. Learned counsel for the petitioner has also submitted that the judgment of the Hon'ble Supreme Court in the case of Rafiq Masih (cited supra) has been reiterated by the division bench of the Hon'ble Supreme Court in the case of Thomas Daniel v. State of Kerala and others 2 . Therefore, the petitioner is seeking a direction to refund the amount which has been erroneously recovered by the respondent No.1.
4. Mr.Ch.Jagannath Rao, learned Standing Counsel for Osmania University appearing for respondents No.1 and 2, 1 2015 (4) SCC 334 2 Civil Appeal No.7115 of 2010 dated 02.05.2022 PMD,J W.P.No.29077 of 2023 3 supported the order of the recovery and further submitted that there is a delay of almost five years in filing the writ petition.
5. However, after going through the material on record, this Court finds that the Hon'ble Supreme Court in the case of Rafiq Masih (cited supra) has held that the monetary gains wrongly extended to the beneficiary employees in excess of their entitlements without any fault or misrepresentation at the behest of the recipient cannot be recovered after the retirement of the employee. This Court also finds that the Hon'ble Supreme Court in the case of Thomas Daniel (cited supra) has reiterated this position. Respectfully following the same, this Court deems it fit and proper to direct the 1st respondent to refund the reader increment which was recovered, with an interest of 6% per annum from the date of recovery till the date of payment.
6. Accordingly, the Writ Petition is allowed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 07.11.2023 PRN PMD,J W.P.No.29077 of 2023 4 188 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.29077 of 2023 Date: 07.11.2023 PRN