Patna High Court
Gulabi Devi vs The State Of Bihar on 24 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8006 of 2023
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Gulabi Devi, Female, aged about 61 years, Wife of Late Makeshwar Nath
Viswakarma, Resident of Mohalla-Gandak Colony, Ramnagar, Police Station-
Ramnagar, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Water Resource Department,
Government of Bihar, Patna.
2. The Principal Secretary, Water Resource Department, Government of Bihar,
Patna.
3. The Chief Engineer, Irrigation Creation, Water Resource Department,
Bhagalpur.
4. The Executive Engineer, Irrigation Division, Bijikhorba.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh,AC to AAG-4
Mr. Sanjay Kumar, AC to AAG-4
Mr. Sanjay Prasad, AC to AAG-4
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 24-08-2023
Heard Mr. Ravindra Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Shailendra Kumar
Singh, learned AC to AAG-4 appearing on behalf of the State.
2. Learned counsel appearing on behalf of the
petitioner submits that the husband of the petitioner had died in
harness in the year 2005 from the post of Accounts Clerk and,
thereafter, the petitioner is continuously receiving family
pension. Thereafter, a communication was made by the
Executive Engineer, Irrigation Division, Bijikhorba, Banka vide
Patna High Court CWJC No.8006 of 2023 dt.24-08-2023
Letter No. 352 dated 13.06.2020 informing that an amount of
Rs. 2,73,245/- is required to be paid on account of the fact that
the husband of the petitioner had taken loan of an amount of Rs.
2,09,267/- being the principle amount.
3. Learned counsel submits that recovery after the
period of nearly 15 from a widow is not in accordance with law
laid down by the Apex Court in the case of State of Punjab &
Others vs. Rafiq Masih (White Washer) and anr reported in
(2015) 4 SCC 334.
4. Mr. Shailendra Kumar Singh, learned counsel
appearing on behalf of the State submits that no recovery has
been made from the pensionary benefit of the petitioner, the
loan amount which was taken by the husband of the petitioner
has only been adjusted from the G.P.F amount payable to the
petitioner.
5. Having considered the rival submissions made
on behalf of the parties, the action of the Respondent No.4- the
Executive Engineer, Irrigation Division, Bijikhorba, Banka, is
without authority of law as no recovery can be made or any
adjustment can be made from the petitioner, who is a widow of
Class-III employee after lapse of more than 15 years from the
date of death of the husband of the petitioner. Petitioner has
Patna High Court CWJC No.8006 of 2023 dt.24-08-2023
been receiving pension regularly and the action of the
respondent is contrary to the law laid down by the Apex Court
in case of State of Punjab & Others vs. Rafiq Masih (White
Washer) and anr. reported in (2015) 4 SCC 334. Paragraph No.
18 of the said judgment is reproduced herein under:
"18. 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 hereinabove, we may, as a
ready reference, summarise the following few
situations, wherein recoveries by the employers,
would be impermissible in law:
(i) Recovery from the employees belonging to Class
III and Class IV service (or Group C and Group D
service).
(ii) Recovery from the retired employees, or the
employees who are due to retire within one year, of
the order of recovery.
(iii) Recovery from the 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."
6. The Respondent No.4- the Executive Engineer,
Irrigation Division, Bijikhorba, Banka, is directed to return the
Patna High Court CWJC No.8006 of 2023 dt.24-08-2023
entire amount which has been adjusted back to the petitioner in
her G.P.F. account.
7. Accordingly, the present writ petition stands
disposed of.
(Purnendu Singh, J)
Niraj/-
Nilmani/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.08.2023
Transmission Date N/A
