Union of India and Others v. Armed Forces Tribunal and Anr.
Case brief
What is this about?
Writ petition by Union of India challenging AFT Chandigarh order dated 21.03.2023 quashing recovery of wrongly paid Commando Allowance from respondent No.2 and ordering refund with 8% interest; High Court of Punjab & Haryana (Sharma & Mehta JJ) held the law well-settled per State of Punjab v. Rafiq Masih (White Washer) 2015(1) SCT 195, reiterated in Thomas Daniel v. State of Kerala 2022 INSC 498, and dismissed CWP No.19235 of 2025 on 14.07.2025. Keywords: recovery of excess/wrongful payment, Commando Allowance, Armed Forces Tribunal, Rafiq Masih principle, Thomas Daniel, no recovery of allowance.
What did the court decide?
This court finds the law relied upon by the AFT in passing the impugned order to be well-settled, namely State of Punjab and others v. Rafiq Masih (White Washer), 2015(1) SCT 195, which has been reiterated in Thomas Daniel v. State of Kerala and others, 2022 INSC 498.