Prof. A. Kanaka Durga Bhavani vs Osmania University
2023 Latest Caselaw 1481 Tel

Citation : 2023 Latest Caselaw 1481 Tel
Judgement Date : 31 March, 2023

Telangana High Court

Prof. A. Kanaka Durga Bhavani vs Osmania University on 31 March, 2023

Bench: K. Sarath

       THE HONOURABLE SRI JUSTICE K.SARATH

              WRIT PETITION No. 8844 of 2023


ORDER:

This writ petition is filed seeking to issue a writ of

Mandamus, declaring the proceedings No.87/UAD/Gaz/

2023, dated 20.03.2023 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 she was

initially appointed as Assistant Professor in the

Department of Chemistry, University College of Science,

SK,J W.P.No.8844 of 2023

Osmania University, Hyderabad in 2007. Later, the

petitioner was promoted as Associate Professor and

Professor. It has further been contended by the petitioner

that she has retired from service on attaining the age of

superannuation on 31.08.2021, 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 her 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.

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 her contention, the

SK,J W.P.No.8844 of 2023

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).

(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.

(2015) 4 SCC 334

SK,J W.P.No.8844 of 2023

(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 on 31.08.2021

and after her 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

SK,J W.P.No.8844 of 2023

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 20.03.2023 is set