Telangana High Court
B.Amarender Reddy vs Osmania University on 28 February, 2023
Bench: K. Sarath
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.5663 of 2023
ORDER:
This writ petition is filed seeking to issue a writ of
Mandamus, declaring the proceedings No.800/UAD/Gaz
/2023, dated 21.02.2023 of respondent No.2, as illegal,
arbitrary, violative of Articles 14 and 21 of the
Constitution of India and also the principles of natural
justice, and by nullifying the same, to direct the
respondents not to recover the excess payment.
2. Heard Learned Counsel for the petitioner and Sri
Ch.Jagannatha Rao, Learned Standing Counsel for
Osmania University appearing for respondent Nos.1 and 2
and Learned Government Pleader for Services-I appearing
for the respondent No.3.
3. It has been contended by the petitioner that he was
initially appointed as Assistant Professor in the
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Department of Public Administraion, University College of
Arts and Social Sciences, Osmania University, Hyderabad
on 08.06.2007. After rendering considerable length of
service, the petitioner was promoted as Associate Professor
under Career Advancement Progression. It has further
been contended by the petitioner that he has retired from
service on attaining the age of superannuation on
31.12.2022, and after retirement, the respondents had
issued the impugned proceedings, wherein an amount was
sought to be recovered from the petitioner on the ground
of wrong fixation of his pay, consequent upon an audit
objection was raised by the auditors.
4. Learned Standing Counsel for the Respondent
University has contended that the petitioner was
erroneously extended the benefit of certain amount to
which the petitioner is not entitled and the same has to be
recovered from the petitioner.
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5. Learned Counsel for the petitioner would contend
that the respondents are not entitled to recover the
amount in question from the petitioner who has already
retired from service. In support of his contention, the
Learned Counsel has relied upon a judgment rendered by
the Hon'ble Supreme Court in State of Punjab Vs. Rafiq
Masih1 wherein the Hon'ble Supreme Court, at para-18 of
the said judgment, has given certain situations where the
amounts paid to the employees erroneously cannot be
recovered.
Para-18 of the said judgment reads as 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,
summarize 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).
(2015) 4 SCC 334
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(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 petitioner has retired from service in December,
2022 and after his retirement, the respondents have
passed the impugned orders recovering the amounts,
which is impermissible, as per the judgment of Hon'ble
Supreme Court, referred to supra (1).
7. A perusal of the above said judgment would disclose
that recovery from the retired employees, or the employees
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who are due to retire within one year, would be
impermissible in law.
8. In view of the above, the writ petition is disposed of
and the impugned proceedings, dated 21.02.2023 is set
aside. No order as to costs.
9. Pending miscellaneous applications, if any, shall
stand closed in consequence.
_____________________
JUSTICE K.SARATH
Dated:28.02.2023.
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