Madras High Court
P.Mariappan vs Tenkasi District Backward Classes on 19 October, 2024
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.(MD)No.19006 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.19006 of 2022
and WMP (MD) No.13878 of 2022
P.Mariappan : Petitioner
Vs.
Tenkasi District Backward Classes
and Minorities Welfare Officer,
Tenkasi. : Respondent
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records connected with the impugned order of recovery of Rs.10,659/-
for the months from 8/2022 to 5/2024 for 21 months passed by the
respondent in Se.Mu.No.Gna1./2809/2019 dated 11.08.2022 and quash
the same and consequential direct the respondent to refund the recovered
amount from the pay of the petitioner.
For Petitioner : Mr.S.Govindan
For Respondent : Mr.N.Ramesh Arumugam
Government Advocate
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1/6
W.P.(MD)No.19006 of 2022
ORDER
This writ petition has been filed challenging the order of
recovery in Se.Mu.No.Gna1.2809/2019, dated 11.08.2022, passed by the
respondent for a sum of Rs.10,659/- (Rupees Ten Thousand Six Hundred
and Fifty Nine only) for the months from 8/2022 to 5/2024 (21 months)
and for a consequential direction to refund the recovered amount to the
petitioner.
2. Heard the learned counsel for the petitioner and the
learned Government Advoate appearing for the respondent.
3. When the matter was taken up for admission on
22.08.2022, this Court had granted an order of interim stay and the same
is extrated hereunder:-
“The petitioner is working as Cook, who
is the Class IV employee. The contemplated
recovery, through the impugned order dated
11.08.2022, owing to excess payment of the
benefits of 6 th pay commission, is
impermissible in law, since the mistake was
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committed by the Department and also it was
prior to five years, in view of the decision of the
Hon'ble Supreme Court, in the case of State of
Punjab & Others vs. Rafiq Masih (White
Washer) reported in AIR 2015 SC 696. Hence,
there shall be an order of interim stay.”
4. The learned Government Advocate appearing for the
respondent has submitted a written instruction vide
Na.Ka.No.Gna1/2809/2020 dated 20.08.2022, wherein, it has been stated
that in the case of the petitioner, the period was calculated mistakenly
from 01.01.2007 instead of 20.09.2007 and a sum of Rs.10,659/- (Rupees
Ten Thousand Six Hundred and Fifty Nine only) was paid in excess to
the petitioner and hence, the order of recovery was issued to recover the
same from the petitioner.
5. It is pertinent to note that the Hon'ble Supreme court of
India in the case of State of Punjab & Others vs. Rafiq Masih (White
Washer) reported in AIR 2015 SC 696, wherein, the Hon'ble Apex Court
was of the view that the recovery could not be made to the monetary
benefits wrongly extended to the employee for a period in excess of five
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years. The relevant paragraph is extracted hereunder:-
“12. It is not possible to postulate all
situations of hardship, which would govern
employees on the issue of 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 above, we may, as a ready reference,
summarise the following few situations,
wherein recoveries by the employers, 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.
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(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.”
6. In view of the above judgment of the Hon'ble Supreme
Court of India, the order of recovery issued by the respondent is
liable to be quashed and accordingly, the same is quashed.
7. The respondent is directed to recover the excess
amount of a sum of Rs.10,659/- (Rupees Ten Thousand Six Hundred
and Fifty Nine only) paid to the petitioner from the concerned officer
who is responsible for the mistake as per G.O.Ms.286, Finance
(Pension) Department, dated 28.08.2018 from his monthly salary.
8. In the result, the writ petition stands allowed with the
above direction. Consequently, the connected miscellaneous petition is
closed. No costs.
19.10.2024
Index : Yes / No
Internet : Yes / No
PKN
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J.SATHYA NARAYANA PRASAD, J.
PKN
To
Tenkasi District Backward Classes
and Minorities Welfare Officer,
Tenkasi.
19.10.2024
https://www.mhc.tn.gov.in/judis
