Narayan Singh vs State Of Rajasthan And Ors
2022 Latest Caselaw 8024 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 4238/2018

Narayan Singh

----Petitioner Versus State of Rajasthan And Ors.

----Respondents

For Petitioner(s) : Mr. Pramendra Bohra. For Respondent(s) : Mr. Sunil Purohit.

HON'BLE MS. JUSTICE REKHA BORANA

Order

26/05/2022

Learned counsel for the petitioner submits that as the matter

pertains to the recovery of the excess amount paid qua the benefit

of second and third selection grade and qua the earned leave of

the petitioner, the controversy is covered by the judgment of

State of Punjab & Ors. Vs. Rafiq Masih (White Washer) &

Ors. reported in 2015(4) SCC 334.

Per contra, learned counsel for the respondents submits that

the exception to Rafiq Masih's case (supra) has been carved out

by the Hon'ble Apex Court in the later judgment of High Court of

Punjab and Haryana v. Jagdev Singh reported in 2016 (14)

SCC 267, whereby it has been observed as under:-

"11. The principle enunciated in Proposition

(ii) above cannot apply to a situation such as in the present case. In the present case, the officer to whom the payment was made in the first instance was clearly placed on notice that any payment found to have been made in excess would be required to be refunded. The officer furnished an undertaking while opting for the revised pay scale. He is bound by the undertaking."

(2 of 2) [CW-4238/2018]

Learned counsel for the respondents prays for time to

complete his instructions as to whether the present petitioner was

placed on notice before the grant of the selection grades in

question.

Time prayed for is granted.

List the matter on 13.07.2022.

(REKHA BORANA),J 106-Sachin/-

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