Dr Sanjay Kant Prasad v. the Director, Academic Coordination Division, Indira Gandhi National Open University & Ors.
Case brief
What is this about?
IGNOU pay re-fixation and recovery case — Delhi HC disposes writ petition by employee (Additional Director, National Centre for Disability Studies) challenging recovery of Rs.32,73,312/- relating back to 2008 employment; directions to decide 17.12.2024 representation within six weeks with personal hearing; interim halt on further recovery until decision plus four weeks; salary continued at April 2025 level; arrears promised on success; relies on Rafiq Masih (2015) 4 SCC 334, Thomas Daniel (2022 SCC OnLine SC 536) and Jogeshwar Sahoo (SLP (C) 5918/2024) on limited circumstances for recovery of excess emoluments absent fraud or misrepresentation.
What did the court decide?
Writ petition disposed of with directions: respondents to consider petitioner's representation dated 17.12.2024 (with grounds and documents annexed to the writ petition) within six weeks, after a personal hearing; no further recovery from petitioner's emoluments until the representation is decided and for four weeks thereafter; petitioner to continue to be paid at the April 2025 salary rate subject to normal increments; arrears to be paid within four weeks if the representation succeeds; all rights and remedies of the parties reserved; all pending applications disposed of.