Telangana High Court
Prof. M.Rangamma vs Osmania University on 7 November, 2023
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.29077 of 2023
ORDER:
This Writ Petition is filed seeking a writ of mandamus
declaring the proceedings No.417/A9UAD/GAZ/2019, dated
23.03.2019 where under an amount of Rs.12,43,853/-
representing the excess payment was sought to be recovered
from the petitioner's pensionery benefits from 01.01.1996 to
08.05.2007 and 09.01.2007 to 31.08.2018 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
Mathematics, University College Science, Osmania University
i.e., the 1st respondent herein and thereafter, he was promoted
as Associate Professor in the year 1994 and subsequently was
promoted as Professor in July 2006 under Career Advancement
Scheme (CAS) and retired from the service on 28.02.2019. It is
submitted that after retirement, on the ground that the reader
increment has been erroneously given, recovery of excess
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payment from 01.01.1996 to 08.05.2007 and 09.01.2007 to
31.08.2018 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,
2015 (4) SCC 334
Civil Appeal No.7115 of 2010 dated 02.05.2022
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W.P.No.29077 of 2023
supported the order of the recovery and further submitted that
there is a delay of almost five years in filing the writ petition.
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
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W.P.No.29077 of 2023
THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION No.29077 of 2023
Date: 07.11.2023
PRN
