Veer Singh Rajput vs The State Of Madhya Pradesh
2021 Latest Caselaw 5200 MP

                                                          1                              WP-17380-2021
                              The High Court Of Madhya Pradesh
                                         WP-17380-2021
                                 (VEER SINGH RAJPUT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 08-09-2021
                            Heard through Video Conferencing.
                            Shri Atul Kumar Rai, learned counsel for the petitioner.
                            Shri Kamlesh Dwivedi, learned PL for respondent -State.

Issue notice to the respondents on payment of PF by RAD mode,failing which this petition shall stand dismissed automatically without

further reference to the Bench.

Heard on the question of interim relief.

It is pointed out that the petitioner stood retired on 28.2.2021 being the class III employee. Without providing any opportunity of hearing and without any show cause notice to the petitioner, recovery of an amount of Rs.5,960,83/- is directed to be made from the post retiral benefits of the petitioner, vide order dated 3.8.2021, (Ann. P-1).

It is submitted that till date no recovery has been made effective therefore prays for grant of interim relief.

Learned counsel for the petitioner has placed reliance on the judgment passed by the Supreme Court in the case of State of Punjab Vs. Rafiq Masih (white washers) 2015(4) SCC 334, it is held that if wrong fixations are made at their own level and there is no role or manipulation on the part of the employee, then such recovery cannot be made. The aforesaid aspect was considered by the Hon'ble Supreme Court in the case of Rafiq Masih (supra) wherein it is held as under:

"18. It is not possible to postulate all situations of hardship, which would govern employees on the issue o f recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein

Signature Not above, we may, as a ready reference, summarise the following few SAN Verified

Digitally signed by BASANT KUMAR SHRIVAS Date: 2021.09.09 15:06:46 IST 2 WP-17380-2021 situations, wherein recoveries by the employees, would be impermissible in law:

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group C and Group D service).

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. (iii) Recovery from

employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v)In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover."

Learned counsel for the State prays for and is granted four weeks to file response to the petition.

Meanwhile no recovery in pursuance to Annexure P-1 shall be made from the post retiral benefits of the petitioner, (if not already made).

List the matter in the week commencing 25th of October 2021. C c as per rules.

                                                                                (VISHAL MISHRA)
                                                                                     JUDGE


                      bks




Signature
 SAN      Not
Verified

Digitally signed by
BASANT KUMAR
SHRIVAS
Date: 2021.09.09
15:06:46 IST