Commissioner, Kendriya Vidyalaya Sangathan v. K S Muniappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.19313 of 2025 1.Commissioner Kendriya Vidyalaya Sangathan Head Quarters, 18, Institutional Area Shahid Jeetsingh Marg, New Delhi 2.Deputy Commissioner Kendriya Vidyalaya Sangatham Chennai Region, IIT Campus, Chennai ... Petitioner Vs.

K.S.Muniappan ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records of the Central Administrative Tribunal, Madras Bench, culminating in the impugned order dated 27.08.2024 in O.A.No.272 of 2020 and quash the same.

For Petitioner : Mr.M.Vaidhiyanathan

ORDER

M.S.RAMESH, J.

AND V.LAKSHMINARAYANAN, J.

Recovery of any alleged excess payment made, which aspect is not attributable on the part of the employee, is impermissible in law, insofar as it relates to recoveries made five years before the impugned proceedings as well as from pensioners, as held by the Hon'ble Supreme Court in the case of State of Punjab and Ors. V. Rafiq Masih (White Washer) 7 Ors (2015) 4 SCC 334.

2.In this case, Tribunal had placed reliance on the State of Punjab and Ors. V. Rafiq Masih (White Washer) and 7 Ors reported in (2015) 4 SCC 334, and had set aside the order of the petitioners herein, by placing reliance on State of Punjab and Ors. V. Rafiq Masih (White Washer) and 7 Ors reported in (2015) 4 SCC 334, insofar as it relates to recovery is concerned.

3.We do not find any illegality or infirmity in the impugned order.

Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.] 05.06.2025 kas Index: Yes / No M.S.RAMESH, J.

AND V.LAKSHMINARAYANAN, J.

kas and W.M.P.No.19313 of 2025 05.06.2025