Prof. K. Benjamin vs Osmania University
2023 Latest Caselaw 3645 Tel

        THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

                  WRIT PETITION No.26796 of 2023

ORDER:

This Writ Petition is filed seeking a writ of mandamus

declaring the proceedings No.622/UAD/Gaz/2017, dated

10.07.2017 where under an amount of Rs.5,45,637/-

representing the excess payment was sought to be recovered

from the petitioner's pensionery benefits as illegal and arbitrary

and consequently to direct the respondents to refund the

amount with interest at 12% per annum from the date of

recovery till the date of refund and to pass such other order or

orders.

2. Brief facts leading to the filing of the present Writ Petition

are that the petitioner joined as a Lecturer in the Department of

Political Science, University College of Arts & Social Sciences,

Osmania University i.e., the 1st respondent herein and

thereafter, he was promoted as Associate Professor in the year

1997 and subsequently was promoted as Professor on

01.01.2004 under Career Advancement Scheme (CAS) and

retired from the service on 31.10.2017. It is submitted that after

retirement, on the ground that the reader increment has been

erroneously given, recovery of excess payment from 11.08.1997

to 06.08.2004, 07.08.2004 to 23.02.2006 and 24.02.2006 to PMD,J W.P.No.26796 of 2023

30.06.2017 was made by the 1st respondent. The learned

counsel for the petitioner submitted that the Hon'ble Supreme

Court in the case of State of Punjab Vs. Rafiq Masih 1 has

held that the recovery of payments made during the course of

employment cannot be made after the retirement of the

employee. It is submitted that following the said judgment this

Court, in a number of cases such as in Dr.Shahanaz Begum

Vs. Osmania University and others in W.P.No.4830 of 2023,

has directed the authorities not to make the recoveries.

3. Learned counsel for the petitioner has also submitted that

the judgment of the Hon'ble Supreme Court in the case of Rafiq

Masih (cited supra) has been reiterated by the division bench of

the Hon'ble Supreme Court in the case of Thomas Daniel v.

State of Kerala and others 2 . Therefore, the petitioner is

seeking a direction to refund the amount which has been

erroneously recovered by the respondent No.1.

4. Mr.Ch.Jagannath Rao, learned Standing Counsel for

Osmania University appearing for respondents No.1 and 2,

supported the order of the recovery and further submitted that

there is a delay of almost five years in filing the writ petition.

2015 (4) SCC 334

Civil Appeal No.7115 of 2010 dated 02.05.2022 PMD,J W.P.No.26796 of 2023

5. However, after going through the material on record, this

Court finds that the Hon'ble Supreme Court in the case of

Rafiq Masih (cited supra) has held that the monetary gains

wrongly extended to the beneficiary employees in excess of their

entitlements without any fault or misrepresentation at the

behest of the recipient cannot be recovered after the retirement

of the employee. This Court also finds that the Hon'ble Supreme

Court in the case of Thomas Daniel (cited supra) has reiterated

this position. Respectfully following the same, this Court deems

it fit and proper to direct the 1st respondent to refund the reader

increment which was recovered, with an interest of 6% per

annum from the date of recovery till the date of payment.

6. Accordingly, the Writ Petition is allowed. There shall be no

order as to costs.

Miscellaneous applications, if any pending, shall also

stand closed.

_____________________________ JUSTICE P.MADHAVI DEVI Date: 07.11.2023 PRN PMD,J W.P.No.26796 of 2023

THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI

WRIT PETITION No.26796 of 2023

Date: 07.11.2023 PRN