The High Court directed the respondents to refund Rs. 4,950/- to the petitioner who was wrongly ordered to recover money after voluntary retirement. The Court relied on the Supreme Court's judgment in State of Punjab & Ors. v. Rafiq Masih.
Respondents directed to refund Rs. 4,950/- within six weeks or pay simple interest at 9% per annum thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
D.B. Civil Writ No. 4002/2010
N. K. Singhvi
----Petitioner
Versus
Union Of India And Ors.
----Respondent
For Petitioner(s) : Mr.SP Singh. For Respondent(s) : Ms.Aarohi Ojha.
HON'BLE THE CHIEF JUSTICE MR.PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
05/10/2018
[CW-4002/2010]
(2 of 3)
which DBCWP No.1505/2002 filed by the petitioner was dismissed on 17.5.2002.
[CW-4002/2010]
(3 of 3)
recovery would be made for any excess payment if it pertains to a period in excess of 5 years before the order of recovery was issued. As noted above, the petitioner retired on 13.2.2007. The alleged wrong benefit was granted to him with effect from 1.1.2002. Thus, in view of the decision of Supreme Court recovery could not be made.
(DR.PUSHPENDRA SINGH BHATI),J. (PRADEEP NANDRAJOG),CJ.
S.Phophaliya/-17
3 issues framed by the court
Whether recovery of excess pension payment must be refunded where the original period was computed correctly for pension purposes.
Whether the Supreme Court decision in Rafiq Masih applies to recover excess payment made without fraud.
Whether the petitioner is entitled to refund of amount wrongly recovered.
Colour shows how this judgement treated each authority
State of Punjab & Ors. v. Rafiq MasihExplained¶22
JT 2015(1) SC 95 · Who else cites this
N. K. Singhvi
Union Of India
Pradeep Nandrajog
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
