Date Of Pronouncement: 18.10.2025 vs Suraj Parkash And Others
2025 Latest Caselaw 2445 J&K

Jammu & Kashmir High Court

Date Of Pronouncement: 18.10.2025 vs Suraj Parkash And Others on 18 October, 2025

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                            Sr. No. 40

                                                                                    2025:JKLHC-JMU:3470-DB

           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            ATJAMMU

WP (C) No. 1943/2025


Date of Pronouncement: 18.10.2025
                                                           Uploaded on: 20.10.2025

   UT of J&K and others                                      ...Applicant(s)/Petitioner(s)


                              Through :- Ms. Monika Kohli, Sr. AAG

                            v/s
   Suraj Parkash and others                                               ...Respondent(s)

                            Through:-     None
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
       HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

                                  ORDER(ORAL)

Sanjeev Kumar-J

1. Notice sent to the respondents through registered post on 05.08.2025 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

respondents, as such, they are set ex-parte

3. This petition under Article 226 of the Constitution of India, filed by the

Union Territory of J&K and Ors., is directed against an order and

judgment dated 20.06.2024 passed by the Central Administrative

Tribunal, Jammu Bench at Jammu ["the Tribunal"] in O.A. No.

41/2023 titled "Suraj Parkash and Ors Vs. UT of J&K and Ors.",

whereby the Tribunal has, while allowing the OA, issued the following

directions:

2025:JKLHC-JMU:3470-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 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 respondents before the

Tribunal and clearly found that the respondents 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 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.

2025:JKLHC-JMU:3470-DB

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 18.10.2025 Rahul

Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No