Union of India v. Raghuraj
Case brief
What is this about?
Writ petition challenging Central Administrative Tribunal order allowing recovery of overpaid salary from an employee who was not at fault. Court dismissed the petition relying on the Rafiq Masih principle.
What did the court decide?
Writ petition and pending application dismissed.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(C) 5762/2024, CM APPL. 23800/2024 UNION OF INDIA ..... Petitioner
- Through: Mr. Sandeep Tyagi, Advocate.
versus
RAGHURAJ ..... Respondent
Through: Mr. Ranbir Singh Sandhu and Mr. Shiv Kumar Tiwari, Advocates
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 09.05.2024
- The present petition under Articles 226 of the Constitution of India seeks to assail the order dated 11.01.2023 passed by the learned Central Administrative Tribunal (the Tribunal) in O.A. No. 02/2020. Vide the impugned order, the learned Tribunal has set aside the order dated 14.11.2019, vide which the petitioner had sought to make recoveries from the respondent on account of the purported overpayment made to him towards his salary for the period between 01.09.2008 to 31.07.2018, due to an erroneous pay fixation of his pay at Rs.9,290/-, as against Rs.9,020/- to which he was actually entitled.
Issues for consideration
3 issues framed by the court
Whether the High Court should interfere with the Tribunal's order upholding recovery of salary due to erroneous pay fixation despite the employee's lack of fault.
Whether an employee is liable to return overpaid salary when the error was not caused by them.
Whether the ratio in Rafiq Masih applies to an excess payment case.
Parties & counsel
- petitioner
Union of India
- respondent
Raghuraj
Coram
Rekha Palli
Case details
As recorded by the court registry
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