Dharmalingam vs Union Of India & Ors.
2022 Latest Caselaw 882 Del

$~33
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Date of decision: March 28, 2022
+      W.P.(C) 5045/2022 & CM APPL. 14997/2022
       DHARMALINGAM                                      ..... Petitioner
                  Through:           Mr. Abhay Kumar Bhargava &
                                     Mr. Satyarth Sinha, Advocates

                         Versus

       UNION OF INDIA & ORS.                            ..... Respondents
                     Through:        Mr. Sushil Raaja, Senior Panel
                                     Counsel with Mr. Jitendra Kumar
                                     Tripathi, Government Pleader

       CORAM:

       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                         J U D G M E N T (oral)

1. Vide present petition, quashing of orders dated 11.06.2021 and

March, 2022 (undated) issued by the respondents is sought.

2. The petitioner had joined the service of CRPF on 24.12.1994 on the

post of ASI/ and he retired on 31.05.2018, being posted in 239 Bn CRPF.

According to petitioner, vide impugned communication dated 11.06.2021,

he has been informed that during his service, amount to the tune of

Rs.2,47,313/- has been paid in excess by the respondent and he has been

directed to deposit the same with the respondents.

3. Learned counsel for petitioner submits that in catena of decisions, the

Hon'ble Supreme Court has laid down that recovery of excess paid amount

cannot be made in peculiar circumstances like when the employee has

retired or is on the verge of retirement. It is submitted that the petitioner has

already retired on 31.05.2018 and the recovery vide impugned

communications has been directed after a lapse of three to four years and it

would cause a great hardship to the petitioner.

4. Notice issued.

5. Mr. Sushil Raaja, learned Senior Panel Counsel for respondents,

accepts notice.

6. Upon hearing learned counsel for the parties in brief, the present

petition is disposed of with liberty to the petitioner to make a representation

to the competent authority within four weeks for the relief sought herein,

which shall be considered and decided by the respondents within six weeks

of receipt thereof. Till the time the representation of petitioner is decided,

the impugned communications dated 11.06.2021 and March, 2022 (undated)

shall not be given effect to by the respondents. However, if petitioner fails to

make the representation to the respondents within the time stipulated,

respondents shall be at liberty to proceed further qua these communications

as per law.

7. With aforesaid observations, the present petition is disposed of.

Pending application is disposed of as infructuous.

(SURESH KUMAR KAIT) JUDGE

(SUDHIR KUMAR JAIN) JUDGE

MARCH 28, 2022 r