Salik Ram vs Union Of India Thru. Secy. Ministry Of ...
2024 Latest Caselaw 38409 ALL

Allahabad High Court

Salik Ram vs Union Of India Thru. Secy. Ministry Of ... on 21 November, 2024

Author: Alok Mathur

Bench: Alok Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:77037
 
Court No. - 6
 

 
Case :- WRIT - A No. - 10649 of 2024
 

 
Petitioner :- Salik Ram
 
Respondent :- Union Of India Thru. Secy. Ministry Of Home Affairs New Delhi And 4 Others
 
Counsel for Petitioner :- Pravin Kumar Singh
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Alok Mathur,J.
 

1. Heard Sri Pravin Kumar Singh, learned counsel for petitioner and Sri Vinay Tripathi, learned counsel on behalf of the opposite parties.

2. For the purposes of interim relief, learned counsel for petitioner submits that vide order dated 04.07.2024, recovery has been directed to be initiated against petitioner's salary for excess payment made to him. Learned counsel for petitioner submits that petitioner's case is covered by judgment of Hon'ble Supreme Court in the case of Rafiq Masih Vs. State of Punjab reported in 2015(15)4 SCC 334 wherein it has been held that recovery should not be effected from pensionary benefits of government employees in case there is no fraud or misinterpretation on their part.

3. Learned counsel appearing on behalf of opposite parties however has sought to distinguish the aforesaid judgment on the ground that the same would not be applicable in case of serving government employee and would be applicable only in case of recovery being effected for pensionary benefits of retired employees.

4. A perusal of aforesaid judgment of Hon'ble Supreme Court makes it clear that the ratio decedendi behind the judgment is that an employee should not be made to suffer for a wrong not committed by him. For the aforesaid purpose, prima facie this Court is of the view that the judgment would be applicable also in case of employees who are presently serving.

5. Learned counsel appearing on behalf of opposite parties at this stage submits that the opposite parties may be granted liberty to pass a fresh order after affording opportunity of hearing to petitioner in view of submissions advanced by learned counsel for petitioner.

6. In view of statement made by learned counsel appearing on behalf of opposite parties, the impugned order dated 04.07.2024 is quashed by issuing of a writ in the nature of certiorari granting liberty to opposite parties to pass a fresh order after affording full opportunity of hearing in the petition. The decision so taken shall be by speaking and reasoned order. It is being made clear that the matter is being remitted for consideration of authority concerned without entering into merits of the case at present.

7. In view of aforesaid, the writ petition stands allowed.

[Alok Mathur,J.]

Order Date :- 21.11.2024

KR