Dr. Sham Lal Arya And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION: 21.04.2022 Dr. Sham Lal Arya and others

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present:- None for the petitioners.

Mr. R. K. S. Brar, Addl. AG, Haryana.

ARUN MONGA,J. (ORAL) Under challenge herein is impugned order dated 14.08.1997 (Annexure P-5) vide which pay of the petitioner was directed to be refixed and pursuant thereto necessary exercise was carried out and as a consequence thereof, recovery orders were passed qua the petitioners, which are impugned herein.

  



   

               

   

      

   

 

     
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    5 " It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we made, as already reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i) Recovery from employees belonging to ClassIII and Class-IV service (or Group 'C' and Group 'D' Service).

 (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

 (iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.



(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

  



     




  
 

   
      

   



    




 

     


 
     

  
 

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           (ARUN MONGA) JUDGE April 21, 2022 Shalini Whether speaking/reasoned :

Yes/No Whether reportable :

` Yes/No