Jammu & Kashmir High Court
Union Territory Of J&K Through vs Sat Paul S/O Joher Singh on 18 October, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 41
2025:JKLHC-JMU:3471-DB
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP (C) No. 1944/2025
[
Date of Pronouncement: 18.10.2025
Uploaded on: 24.10.2025
1. Union Territory of J&K through ...Applicant(s)/Petitioner(s)
Commissioner/Secretary to Government,
Jal Shakti (PHE) Department,
Civil Secretariat J&K at Jammu- 180001
2. Chief Engineer, Jal Shakti (PHE)
Department, Jammu-18001
3. Executive Engineer, Jal Shakti, PHE
Division Nowshera-185151
Through :- Ms. Monika Kohli, Sr. AAG
v/s
Sat Paul S/o Joher Singh ...Respondent(s)
R/o Village Bhawani, Tehsil Nowshera,
District Rajouri-185151
M. No- 9541359710
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 respondent through registered post on 07.08.2025 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
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 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.
2025:JKLHC-JMU:3471-DB
1351/2021 titled "Sat Paul Vs. UT of J&K and Ors.", whereby the
Tribunal has, while allowing the OA, 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 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
2025:JKLHC-JMU:3471-DB
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
18.10.2025
Rahul
Whether the order is speaking? : Yes/No
Whether the order is reportable? : Yes/No
