Petitioner challenged an order recovering excess salary wrongly paid to him due to administrative error. The Court held recovery is impermissible under State of Punjab v. Rafiq Masih and quashed the recovery order.
Divisional Establishment Order No.477:2021 is quashed. Petitioner directed to refund Rs.12,873/- within four weeks.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.25032 OF 2022 (S-KSRTC)
BETWEEN:
SRI. V. RUDRASWAMY S/O SRI VEERABHADARAPPA, AGED ABOUT 58 YEARS, DRIVER, BATCH NO. 6161 KUVEMPUNAGAR DEPOT, KSRTC, MYSORE DIVISION, R/AT 370, B-BLOCK, 6TH MAIN, KANAKADASA NAGAR, MYSURU - 570 022.
…PETITIONER
(BY SRI.NAIK V.S., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SANJEEV B.L., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
NC: 2023:KHC:42444 WP No. 25032 of 2022
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.V.S.Naik, learned counsel for the petitioner and Sri.B.L.Sanjeev, learned counsel for the respondents have appeared in person.
The Divisional Establishment Order dated 19/26.02.2022 issued by the second respondent is called into question in this Writ petition on several grounds as setout in the Memorandum of Writ petition.
Learned counsel for petitioner and respondents urged several contentions. Heard, the contentions urged on behalf the respective parties and peruse the writ papers with utmost care.
The issue revolves around excess salary paid to the workman in a sum of Rs.12,873/- (Rupees twelve thousand eight hundred and seventy three only). The excess salary paid to the workman is not on account of the fault of the workman. In such cases, the Hon'ble Apex Court in STATE OF PUNJAB
AND OTHERS VS. RAFIQ MASIH (WHITE WASHER) AND
OTHERS reported in (2015) 4 SCC 334 has held that the
right of a State as employer to recover amount paid in excess to employee without any fault of employee is impermissible.
It is not in dispute that in the present case, the Corporation has paid excess salary of Rs.12,873/- (Rupees twelve thousand eight hundred and seventy three only). Taking note of the law laid down in the above case, the Corporation is directed to refund the amount of Rs.12,873/- (Rupees twelve thousand eight hundred and seventy three only) to the petitioner within four weeks from the date of receipt of certified copy of this order.
The Writ of certiorari is ordered. The Divisional Establishment order No.477:2021 bearing No.KST:MCTD:EST:E1:4556:2021-22 dated:19/26.02.2022 issued by the Assistant Administrative Officer, Mysore vide Annexure-A is quashed.
Accordingly, the Writ Petition is allowed .
Sd/JUDGE
MRP
List No.: 1 Sl No.: 32
2 issues framed by the court
Whether the State employer can recover excess salary paid to an employee without any fault of the employee.
Whether the Divisional Establishment Order directing recovery of excess salary should be quashed.
Colour shows how this judgement treated each authority
State of Punjab and Others Vs. Rafiq Masih (White Washer) and OthersApplied¶24
(2015) 4 SCC 334 · Who else cites this
Sri. V. Rudraswamy
The Divisional Controller, KSRTC
The Asst. Administrative Officer, KSRTC
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
