Dr. K.Ulaganathan vs Osmania University
2021 Latest Caselaw 2614 Tel

             THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

                       WRIT PETITION No.22614 of 2021


ORDER:

1. The present writ petition is filed seeking the following

relief:-

"It is therefore prayed that the Hon'ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned Proceedings No.300/UAD/Gaz/2021, dated 25-8-2021 issued by the 2nd respondent as being illegal, arbitrary, discriminatory and subversive of Articles 14, 16 and 21 of the Constitution of India besides being opposed to all principles of natural justice, equity and fair play and consequently set aside the same and hold that the petitioner is entitled for release of pensionary benefits consequent on his retirement from service on 31-1- 2021 based on last pay drawn by him will all consequential and attendant benefits and pass such other order or orders may deem fit and proper in the circumstances of the case."

2. Admittedly, the petitioner retired from service. The

petitioner contends that in view of the law laid down by the

Supreme Court in State of Punjab v. Rafiq Masih1, wherein

the Supreme Court has made it clear that amounts cannot be

recovered from the retired employees, the impugned

proceedings are liable to be set aside.

3. Learned counsel for the respondents contends that the

excess amounts were erroneously paid to the petitioner and

therefore, the respondents are entitled to recover the same

from the petitioner.

(2015) 4 SCC 334

4. This court, having considered the rival submissions

made by both the parties, is of the considered view that the

issue raised in the writ petition is squarely covered by the

judgment of the Supreme Court in Rafiq Masih's case (supra)

and view of the said judgment, the impugned proceedings are

liable to be set aside.

5. Accordingly, the writ petition is allowed and the

impugned proceedings are set aside.

6. The miscellaneous petitions, if any, pending in this writ

petition shall stand closed. There shall be no order as to

costs.

____________________________ B.VIJAYSEN REDDY, J

16.09.2021 vs