Jammu & Kashmir High Court
Ut Of J&K vs Kaku Ram on 14 October, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
2025:JKLHC-JMU:3435-DB
Serial No. 41
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1114/2025
Pronounced on:- 14.10.2025
Uploaded on:- 16.10.2025
1. UT of J&K, through Additional .....Appellant(s)/Petitioner(s)
Chief Secretary to Govt. Jal Shakti
Deptt., Civil Secretariat at present at
Srinagar/Jammu.
2. Chief Engineer, Jal Shakti (PHE)
Deptt. J&K, Jammu.
3. The Executive Engineer, Jal Shakti
(Public Health Engineering Mech.
Division, Udhampur).
Through: Ms. Monika Kohli, Sr. AAG
vs
Kaku Ram, S/o Sh. Jagan Nath ..... Respondent(s)
R/o Village Thie Kheri Sulghar, Tehsil and
District Udhampur- 182124
Mobile No. 7006241905.
Through:
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER(ORAL)
14.10.2025
Sanjeev Kumar 'J'
1. Notice sent to the respondent through registered post on 22.05.2025
has not been received back served or un-served. Statutory period is
over.
2. Since nobody has turned up to cause appearance on behalf of the
respondent, as such, he is set ex-parte.
3. This petition, under Article 226 of the Constitution of India, filed by
the Union Territory of J&K & Ors., is directed against an order and
2025:JKLHC-JMU:3435-DB
judgment dated 20.06.2024 passed by the Central Administrative
Tribunal, Jammu Bench at Jammu ["the Tribunal"] in O.A. No.
1578/2021 titled Kaku Ram Vs. UT of J&K & Ors. whereby the
Tribunal, has, while allowing the O.A., issued the following
directions:
(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 salary or pensionary
benefits of the applicants.
(ii) The amount recovered from the salary/pensionary
benefits of the applicants, shall be refunded preferably
within two months from the date of receipt of a certified
copy of this order.
4. The issue raised in this petition by the UT of J&K is squarely covered
by the judgment of Hon'ble Supreme Court in the case of State of
Punjab and Ors. Vs. Rafiq Masih (White Washer); (2015) 4 SCC
334. The salary paid on account of erroneous fixation cannot be
recovered from a lower rung employee, that too, after his
superannuation.
5. We have gone through the O.A. filed by the respondent before the
Tribunal and clearly found that the respondent has not disputed that
the benefit, which was given to him by the petitioners, was under a
mistake of fact and if that be the position, the error, if any, committed
by the employer, was liable to be corrected at any stage. The entire
2025:JKLHC-JMU:3435-DB
petition, which was filed before the Tribunal, was premised on the law
laid down by the Hon'ble Supreme Court in Rafiq Masih's case
(supra) and a prayer was made to issue a mandamus to the petitioners
herein not to recover the amount paid erroneously under a wrong
fixation of the salary.
6. The plea has been accepted by the Tribunal and the petitioners have
been called upon not to recover any amount which has been received
by the respondent on account of an error of wrong fixation of salary
committed by the petitioners.
7. Ms. Monika Kohli, learned Senior AAG could not demonstrate as to
how despite clear legal position enunciated in Rafiq Masih's case, the
petitioners can be permitted to recover the amount from the retiral
benefits of the respondent, more particularly, when the mistake on
account of which extra amount was paid is not attributable to the
respondent.
8. This petition is, therefore, without any merit and is, accordingly,
dismissed.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
Jammu
14.10.2025
Vishal Sharma
Whether the order is reportable: Yes/No
Whether the order is speaking: Yes/No
