WPSS/1491/2023
2023 Latest Caselaw 2281 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No.1491 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Rajeev Sharma, learned counsel along with Mr. Vinay Kumar, learned counsel for the petitioner.

2. Mr. T.S. Bisht, learned Deputy Advocate General for the State.

3. Heard learned counsel for the parties.

4. By means of this writ petition, petitioner has challenged the order dated 23.06.2023, annexure-2 to the writ petition, whereby petitioner was called upon to deposit a sum of Rs.9,28,040/-, which was, according to the respondent- department was excess payment to the petitioner, due to wrong fixation of salary from 23.12.1996 to 31.03.2023.

5. Learned counsel for the petitioner submits that petitioner was retired on superannuation on the post of Senior Assistant from the office of Executive Engineer, National Highway Division, PWD, Dehradun on 31.03.2023 and after his retirement, the impugned order has been passed. He further submits that from the impugned notice it is reflected that the alleged pay fixation was wrongly done by the respondent-Department in the year 1996, therefore, the alleged recovery cannot be made from the petitioner for

their own wrong.

6. Learned counsel for the petitioner brought attention of this Court to annexure-1 to the writ petition, wherein the Finance Controller of the respondent- Department on 06.11.2022 found certain anomalies while fixing the salary of the petitioner.

7. From perusal of this letter, it is nowhere reflected that there is any role of the petitioner in the aforesaid wrong fixation of the salary, as alleged by the respondent-Department, therefore, the blame cannot be given upon the petitioner and he should not be directed to deposit such a huge amount of Rs.9,28,040/-.

8. Learned counsel for the petitioner placed reliance upon the judgment of the Hon'ble Apex Court in the case of State of Punjab and Others vs. Rafiq Mashi, reported in 2015 (4) SCC 334, wherein the principles have been laid down by the Hon'ble Apex Court where the "payments have mistakenly been made by the employer, in excess of their entitlement to the employees, the recovery from such employees if belong to Class III or Class IV shall not be effected".

9. Per contra, learned State Counsel submits that the excess amount has been made mistakenly to the petitioner, therefore, respondents are legally entitled

to recover the said amount from the petitioner.

10. Learned State Counsel prays for and is granted six weeks' time to file counter affidavit.

11. Thereafter, two weeks' time is granted to the petitioner to file rejoinder affidavit.

12. Prima facie, I found force in the argument advanced on behalf of the petitioner. Till the next date of listing, the impugned communication dated 23.06.2023, annexure-2 to the writ petition, is hereby stayed.

13. List this matter on 31.10.2023.

14. Interim relief application (IA No.1/2023) stands disposed of accordingly.

(Pankaj Purohit, J.) 17.08.2023 AK