Srinivas Maloo vs Osmania University
2021 Latest Caselaw 2616 Tel

             THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

                       WRIT PETITION No.22574 of 2021


ORDER:

1. The petitioner is challenging the action of the

respondents in recovering excess payments made towards pay

and allowances as mentioned in the impugned proceedings.

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.

2. 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.

3. 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.

4. Accordingly, the writ petition is allowed and the

impugned proceedings are set aside.

(2015) 4 SCC 334

5. 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