Retired prison warder challenged recovery order for excess payment due to wrong pay fixation made four years after retirement. Court held the Rafiq Masih bar on recovery from Group 'C' employees applied and set aside the recovery order.
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W.P.No.7519 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 08.08.2024
Coram:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.No.7519 of 2017
and
CMP.Nos.27459, 27460 & 8205 of 2017
Y.Kulandhairaj
...Petitioner
Vs.
1.The Additional Director General of Prison, Chennai-600 008.
2.The Superintendent of Prisons, Central Prision, Coimbatore District.
...Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the proceedings of the 2nd respondent issued in his proceedings No. 6063/Po1/2013-2 dated 25.07.2014, proceedings No.19473/Po-5/12 dated 25.07.2016 and in his proceedings No.19473/Po-5/12 dated 24.08.2016 issued against the petitioner.
For Petitioner : Mr.P.I.Thirumoorthy
For Respondents : Mr.R.Kumaravel, Additional Government Pleader
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W.P.No.7519 of 2017
ORDER
The writ petition is filed challenging the 2nd respondents proceedings
dated 25.07.2014, 25.07.2016 and 24.08.2016 against the petitioner.
warder and thereafter promoted as Grade I warder and Chief Head warder on
01.10.1998 and 08.08.2003 respectively. The petitioner was transferred to
Central Prison in 2008 and he was retired from service on 31.05.2010. Four years after retirement of the petitioner, the 2nd respondent passed recovery order
dated 25.07.2014 for recovery of Rs.70,992/- for excess payment of wrong fixation of pay. The petitioner filed the present writ petition challenging the
order for recovery of the aforesaid amount.
retired as Chief Head warder which is Group 'C' post. The learned counsel relying on the judgment of the Hon'ble Supreme Court in the case of State of Punjab and others, etc. Vs. Rafiq Masih (White Washer) reported in 2015 (5)
CTC 455, submitted that in view of the law laidown by the Hon'ble Supreme
Court in the aforesaid judgment, the recovery order was unsustainable.
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W.P.No.7519 of 2017
petitioner retired in Group 'C' post.
squarely applies to the present case. The Hon'ble Supreme Court in the aforesaid judgment after discussing the entire case law on the subject of recovery post retirement summarised few situations were recovery from the
employees would be impermissible in law. In the summary one of the situations cited by the Hon'ble Supreme Court where recovery would be impermissible related to employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).
In view of the judgment of the Hon'ble Supreme Court, the writ petition is allowed. The impugned order dated 25.07.2014 is set aside. No costs. Consequently connected WMP's are closed.
08.08.2024
Index:Yes/No Speaking Order:Yes/No Neutral Citation:Yes/No dsn
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W.P.No.7519 of 2017
N.MALA,J.
dsn
To
1.The Additional Director General of Prison, Chennai-600 008.
2.The Superintendent of Prisons, Central Prison, Coimbatore District.
W.P.No.7519 of 2017
08.08.2024
4/4
1 issue framed by the court
Whether recovery of excess pay paid due to wrong fixation can be made from a retired Group 'C' employee.
Colour shows how this judgement treated each authority
State of Punjab and others, etc. Vs. Rafiq Masih (White Washer)Followed
2015 (5) CTC 455
1 provisions across 1 enactments
Y.Kulandhairaj
The Additional Director General of Prison, Chennai-600 008
The Superintendent of Prisons, Central Prision, Coimbatore District
N.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
