Jammu & Kashmir High Court
Union Of India Through Secretary ... vs Gian Chand on 10 October, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 64
2025:JKLHC-JMU:3303-DB
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP (C) No. 2814/2025
CAV No. 1910/2025
Date of Pronouncement: 10.10.2025
Uploaded on: 13.10.2025
1. Union of India through Secretary Ministry
of Defence, New Delhi, Pin- 110001
2. The Commandant 1st Field Ordinance
Depot Pin- 909901
C/o 56 APO ....Applicant(s)/Petitioner(s)
Rehmbal, Near Kali Mata Mandir
Udhampur Pin 182101.
3. The Commandant Finance Section C/o 56
APO.
4. Principal Controller of Defence Accounts
(NC) Narwal Pain Satwari Cantt Jammu
Pin-180003
Through :- Mr. Vishal Sharma, Sr. Advocate (DSGI) with
Mr. Eishaan Dadhichi, CGSC
v/s
Gian Chand, age 62 yrs.
Ex T No. 3330 Carp (MCM) ...Respondent(s)
S/o Anant Ram
R/o Village Manthal, Post office Tikri
Tehsil & District Udhampur (J&K) Pin: 182121
Through:- Mr. Mohinder Kumar, Advocate
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER(ORAL)
Sanjeev Kumar-J
1. Impugned in this petition filed by Union of India is an order dated
06.02.2025 passed by the Central Administrative Tribunal, Jammu
Bench, Jammu [hereinafter referred to as "the Tribunal"] in OA No.
61/1682/2023 titled "Gian Chand Vs. Union of India and others",
whereby the Tribunal has allowed the OA and issued the following
directions:-
2025:JKLHC-JMU:3303-DB
i. The impugned order of recovery qua the applicants is
quashed and set aside and the respondents are directed
not to recover any amount from the pay/pensionary
benefits of the applicants.
ii. The respondents are directed to restore the pay/pension
of the applicants which they were getting prior to the
issuance of the impugned order.
iii. The amount recovered from the pay/pensionary benefits
of the applicants, shall be refunded preferably within
two months from the date of receipt of a certified copy of
this order.
iv. In the cases, where applicants have already retired, the
respondents shall pay pension to the applicants on the
basis of last pay drawn by the applicants.
2. The petitioners are aggrieved of and have challenged the impugned order
only to the extent of Direction Nos. II & IV. The reliance has been
placed by Mr. Vishal Sharma, learned DSGI on a Division Bench
judgment of this Court passed in WP(C) No. 2416/2024 c/w WP(C) No.
3034/2024 titled "Sita Ram and and Ors. Vs. UT of J&K and Ors",
wherein it has been held that though in light of the law laid down by the
Hon'ble Supreme Court in case of "State of Punjab and Ors. Vs. Rafiq
Masih" reported as (2015) 4 SCC 334, the amount paid erroneously to a
Class-IV employee during his service career cannot be recovered from
his retiral benefits, yet the employer cannot be restrained from correcting
the error and re-fixing the salary after such correction.
3. Having heard learned counsel for the parties and perused the material on
record, we are of the considered opinion that the case set up by the
petitioners in this petition is squarely covered by the judgment of Sita
Ram (Supra) and, therefore, no more debate on the issue is required to be
entered. So far as the recovery, sought to be made by the petitioners in
terms of the order of recovery impugned before OA is concerned, same
2025:JKLHC-JMU:3303-DB
is not sustainable in law. However the petitioners are well within their
right to correct their error and re-fix the pay/pensionary benefits of the
respondent.
4. For the foregoing reasons, this petition is allowed only to the limited
extent of declaring the direction Nos. II & IV reproduced above as
untenable in law. Consequently, the Direction Nos. II & IV contained in
the impugned order are set aside and rest of the order of the Tribunal is
upheld.
5. Disposed of.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
JAMMU
10.10.2025
Rahul
Whether the order is speaking? : Yes/No
Whether the order is reportable? : Yes/No
