Chander Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION: 21.04.2022 Chander Kumar

...Petitioner

Versus

State of Haryana and another

...Respondents

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

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

ARUN MONGA,J. (ORAL) Petitioner herein interalia seeks setting aside of impugned order dated 03.06.1997/09.07.1997 (Annexure P-8) vide which respondent No.2proceeded to withdraw order dated 17.05.1994 (Annexure P-4) whereby higher standard scale had been granted to the petitioner with effect from 01.01.1994 and furtherto grant consequential benefits to the petitioner.

  



     

 

   
  
 

        
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  '  < " 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 Class-III 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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'          &( APRIL 21, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

` Yes/No