Tarsem Singh v. State Of Punjab And Others
CWP-38039-2018
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* +" )"Kailash Chander Sharma vs. State of Haryana and others, 2015 (2) SCT 130 and held that against which no challenge has been made, this Court held the petitioner therein entitled to consequential benefit of actual arrears of salary/wages since the disciplinary proceedings were dropped, by observing that, "Under such circumstances and by applying the dictum laid down by the Hon'ble Supreme Court in State of Haryana v. OP Gupta, State of Kerala and others v. E.K. Bhaskaran Pillai and The Commissioner, Karnataka Housing Board v. C. Muddaiah (supra), the petitioner cannot be denied the consequential benefit of actual arrears/salary for the period in question. It is not the case where the petitioner had declined to work on the promoted post, rather he was denied the opportunity to occupy the promotional posts on account of pendency of departmental proceedings and which were also dragged and delayed for no fault of his. The principle of 'no work no pay' would have no applicability in the peculiar facts and circumstances of the present case." 3.
A gainful reference can be made to the judgment in Thomas Daniel vs. State of Kerala1, wherein by relying on Sahib Ram vs. State of Haryana2 and State of Punjab vs. Rafiq Masih3, Hon'ble the Supreme Court held that generally, the recovery of amounts paid in excess are impermissible to be effected.
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Learned State counsel despite best efforts has been unable to controvert regards the factual position and draw out any distinctive aspects in the aforementioned judgments or cite any contrary law. 6.
The petition is disposed of in terms of Kailash Chander Sharma (supra)
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9 2 :2 Whether reportable :
Yes / No