Uttarakhand High Court
Appellants vs Ashok Kumar Saxena on 4 April, 2024
HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE HON'BLE CHIEF JUSTICE MS. RITU BAHRI
AND
THE HON'BLE JUSTICE SRI RAKESH THAPLIYAL
4th April, 2024
Special Appeal No.245 of 2022
Managing Director, Uttarakhand Transport Corporation, Dehradun
& others
.....Appellants
Versus
Ashok Kumar Saxena ........Respondent
With
Special Appeal No.51 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Ram pal ........Respondent
with
Special Appeal No.52 of 2022
Uttarakhand Transport Corporation, Dehradun and others
.....Appellants
Versus
Kripa Shankar Shukla ........Respondent
With
Special Appeal No.56 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Subhash Singh ........Respondent
With
Special Appeal No.57 of 2022
2
Uttarakhand Transport Corporation, Dehradun and others
.....Appellants
Versus
Mohan Chandra Mishra ........Respondent
With
Special Appeal No.58 of 2022
Uttarakhand Transport Corporation, Dehradun and others
.....Appellants
Versus
Natthu Lal ........Respondent
With
Special Appeal No.85 of 2022
Managing Director Uttarakhand Parivahan Nigam, Dehradun and others
.....Appellants
Versus
Dinesh Chandra Padaliya ........Respondent
With
Special Appeal No.86 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Babu Ram and another ........Respondents
With
Special Appeal No.87 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Shyam Lal and another ........Respondents
With
Special Appeal No.88 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
3
.....Appellants
Versus
Faiyaz Ali and another ........Respondents
With
Special Appeal No.91 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Somati Prasad Dubey and another ........Respondents
With
Special Appeal No.92 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Dinesh Singh and another ........Respondents
With
Special Appeal No.93 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Rajendra Singh Mehra ........Respondent
With
Special Appeal No.94 of 2022
Uttarakhand Transport Corporation, Dehradun and others
.....Appellants
Versus
Bhupendra Lal ........Respondent
With
Special Appeal No.96 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
4
.....Appellants
Versus
Raj Singh and another ........Respondent
With
Special Appeal No.97 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Akeel Ahmed and another ........Respondents
With
Special Appeal No.193 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Bain Singh and another ........Respondents
With
Special Appeal No.194 of 2022
Uttarakhand Transport Corporation, Dehradun and others
.....Appellants
Versus
Madan Nath ........Respondent
With
Special Appeal No.195 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Rajkumar Gupta and another ........Respondents
With
Special Appeal No.241 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
5
.....Appellants
Versus
Balam Singh Aswal ........Respondent
With
Special Appeal No.246 of 2022
Uttarakhand Transport Corporation, Dehradun and others
.....Appellants
Versus
Ramesh Chandra Srivastava ........Respondent
With
Special Appeal No.247 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Shyam Sundar and another ........Respondents
With
Special Appeal No.249 of 2022
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Puran Chandra Palariya ........Respondent
With
Special Appeal No.251 of 2022
Uttarakhand Transport Corporation, Dehradun and others
.....Appellants
Versus
Ramesh Chandra Dalakoti ........Respondent
With
Special Appeal No.259 of 2022
6
Managing Director Uttarakhand Transport Corporation, Dehradun and
others
.....Appellants
Versus
Nandan Singh Bisht ........Respondent
With
Special Appeal No.260 of 2022
Uttarakhand Transport Corporation and others
.....Appellants
Versus
Asha Devi ........Respondent
With
Special Appeal No.262 of 2022
Uttarakhand Transport Corporation and another
.....Appellants
Versus
Anwar Ahmed ........Respondent
With
Special Appeal No.263 of 2022
Uttarakhand Transport Corporation and another
.....Appellants
Versus
Krishna Kant Yadav ........Respondent
With
Special Appeal No.265 of 2022
Uttarakhand Transport Corporation and another
.....Appellants
Versus
Komal Mashi ........Respondent
With
Special Appeal No.266 of 2022
Uttarakhand Transport Corporation and another
7
.....Appellants
Versus
Rakesh Babu ........Respondent
With
Special Appeal No.267 of 2022
Uttarakhand Transport Corporation and another
.....Appellants
Versus
Mohd Jamil Khan ........Respondent
With
Special Appeal No.269 of 2022
Uttarakhand Transport Corporation and others
.....Appellants
Versus
Omveer Singh ........Respondent
With
Special Appeal No.270 of 2022
Uttarakhand Transport Corporation and another
.....Appellants
Versus
Shamim Ahmed ........Respondent
With
Special Appeal No.271 of 2022
Uttarakhand Transport Corporation and another
.....Appellants
Versus
Jagmohan Singh ........Respondent
With
Special Appeal No.275 of 2022
Uttarakhand Transport Corporation and other
.....Appellants
Versus
8
Harak Singh Talal ........Respondent
With
Special Appeal No.276 of 2022
Uttarakhand Transport Corporation and another
.....Appellants
Versus
Ramashrya Prasad ........Respondent
with
Special Appeal No.277 of 2022
Uttarakhand Transport Corporation and others
.....Appellants
Versus
Shamshul Kumar ........Respondent
Counsel for the appellant : Mr. Ashish Joshi, learned counsel
Counsel for the respondents Mr. Ganesh Kandpal, Mr. I.D. Paliwal,
Mr. Bhagwat Mehra, Mr. K.K.
Harbola, Mrs. Neetu Singh, Mr.
B.M.Pingal, Mr. N.K. Papnoi, Mr.
Nikhil Singhal, Mr. Kishore Kumar,
learned counsels for the
respondents.
Counsel for the State of Mrs. Rajni Supyal, learned Brief
Uttarakhand Holder.
Judgment: (per Ms. Ritu Bahri, C.J.)
Learned counsel for the appellant has
referred to the judgment of the Hon'ble Apex
Court reported in 2012 (8) SCC 417, "Chandi
Prasad Uniyal and others Vs. State of
Uttarakhand and others" on the preposition that if
excess salary is paid to an employee due to
irregular/ wrong fixation of pay, recovery can be
made from the employee.
9
2. Learned counsel for the appellant has
referred to paragraphs 8, 13 and 14 of the
judgment. The Hon'ble Supreme Court in this
case was examining the case of the Teachers,
whose pay-scale has been wrongly fixed on the
basis of the 5th Central Pay Commission. They
were all working, and on account of wrong
fixation of pay a recovery was being effected
from them, and in this backdrop the SLP was
dismissed, and it was held that recovery can be
made on account of wrong fixation of pay from
the working employee, and in paragraph 7 of this
judgment, it has been further observed that the
appellants have given undertaking itself that if
they received the pay on account of wrong
fixation they will return the same.
3. The question whether the teachers had
received this payment in the absence of any
misrepresentation or fraud cannot be made basis
for not making the recovery as they were all
working employees, and they have given
undertaking at the time of re-fixation of the pay
as per the 5th Central Pay Commission. The ratio
of this judgment cannot be applied in the present
case, as in the present case, all the respondents
have retired from the service, and post
10
retirement, the mistake was found in grant of the
ACP. In this backdrop, the judgment referred by
the learned Single Judge in paragraph 44 of the
judgment of the Hon'ble Supreme Court in the
case of "State of Punjab and others Vs. Rafiq
Masih (White Washer) and others" has been
rightly applied in allowing the writ petition. Post
retirement, the recovery cannot be made only on
the ground that it is public revenue and it is tax
payer money.
4. These appeals are being dismissed. A
direction is being given to the appellant to comply
with the judgment dated 14.06.2022, within the
next three months.
___________________________
Ritu Bahri, C.J.
___________________________
Rakesh Thapliyal, J.
Dt: 4th April, 2024
NR/
