← Library
High Court of Punjab and HaryanaCWP/5452/1997disposed of

Kapoor Singh v. Hy.State & ORS.

2022-04-18Mr. Justice Arun Monga3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 5452 of 1997 (O&M) DATE OF DECISION:18.04.2022 Kapoor Singh deceased through his LRs

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. R.A. Sheoran, Advocate, for the petitioners.

Mr. R.K.S. Brar, Additional A.G., Haryana.

ARUN MONGA, J. (ORAL) Under challenge herein is impugned order dated 08.07.1996 (Annexure P-8) vide which pay of the petitioner was directed to be re-fixed and pursuant thereto necessary exercise was carried out and as a consequence thereof, recovery orders were passed qua the petitioner, which is impugned herein.

  



     

 

  

         

  

!"  #

  $   %  &    #

    ' 

#    % !( '

#    #  ) *+,-%% !

     

 - !+.$    '    "   

#   

        ,-%%%   

 

   "/   (



 0            % %1 - 

% 11 -1 !  ! % *         1 

  &        #      

  $    0  #

           

 

 !   

 

        ,%    #$#        

#       $ #   !  -230 !4  0        

   /

    

/&  #     

         -     $ &'

& #  

 

% 11 !5   $ 

"            %-  %  

 #  %! -   !

6" 

   

 6

 % 

 %       &    ,   1 

  $     



  &      



 &

#           

 %      

  &7 

          

 



     

   !       " # #      $   "    %   & 

!  

  ' 1  

   &$"  

       

  

  

   #  

#$

    

     &

     

     

        -       $ #  &  & 8 &" 

 

&

 

  #  8 & &      #   $ $     

      ! "

$  &

   

#$  0

 

 



   7

" 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.

 (&)%       * &        &      

    +      $       +   

  

,   & '

  

   " # $     &

 

   "&#*

    $    ! 3 # "  # $      0   

 #  &

   $  8

          #   

 

  $      

 !" # $% &"#  # '(% &"#