Allowed

Prof. K. Benjamin v. Osmania University

Telangana HC7 Nov 2023WP/26796/2023

Case brief

AI extract

What is this about?

This High Court allowed a writ petition challenging the recovery of an alleged excess payment from the petitioner's pension. The court held that monetary gains extended without the recipient's fault cannot be recovered after retirement, directing the university to refund the amount.

What did the court decide?

Directing the 1st respondent to refund the reader increment recovered with 6% interest per annum from the date of recovery till payment.

Prof. K. Benjamin Vs Osmania University — Pension and Retirement Benefits | Telangana HC (2023)

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[^321e 1

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HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI

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WRIT PETITION NO: 26796 OF 2023

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Between:

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Prof. K. Benjamin, S/o. Sri Purushottam, aged 66^years, Occ.^Professor (Retd.), Depahment of Political Science, University College of Arts and Social Scienrbs Osmania Unviersity, Hyerabad,^{R/o. 3-4-468/F, Barkatpura,Opp.} Reddy Womens College, Hyderabad-500027.

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...,ET'T'ONER

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AND

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I . Osmania University, rep. by its Registrar, Hyderabad-500007.

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The Deputy Director, State Audit, Govt of Telangana, Osmania University, Hyderabad-500007.

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Sfate of Telengana, rep. by its Pdndpal Secretary,^{Departmentof Higher} Education, Secretariat, Hyderabad-500022.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^{praying that in the} circumstances stated in the affidavit filed^{therewith,the High Court maybe} pleased to issue any writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings No.^{622lUADlGazJ2O17} ' dt.10.07.2017 where under an amount^{of Rs.5,45,637/- was recoveredfromthe} petitioner's Pensionery benefits and representing the excess^payment as arbitrary, illegal and violative of Art.14 and 21 of the^{Constitutionof lndia, besides the UGC} regulations and by nullifying the same direct the^{respondentspay back the said} amount with interest at 12 Vo^pa from the date of^{recoverytill the payment.}

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^praying thatⁱⁿ the circumstances^statedin the affidavit filed in support of the^{petition, the High Courtmay be pleased to direct} release of the amount recovered^{underProceedingsNo. 622lUADl Gazl 2O17,} d1.10.07.2017^pending disposal of the above^{writ petition.}

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Counsel for the Petitioner: M/s. A.V.S.LAXMI

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Counsel for the Respondent^{Nos.'l & 2: SRI CH.JAGANNATHRAO, SC FOR OU} Counsel for the Respondent^{No.3: GP FOR SERVICES'I}

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The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

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WRIT PETITION No.26796 of 2o23

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ORDER:

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This Writ Petition is filed seeking a writ of mandamus declaring the proceedings No.622IUADlGazi2Ol7, dated lO.O7 .2017 where under an amount of Rs.5,45,637/representing the excess payment was sought to be recovered from the petitioner's pensionery benefits as illegal and arbitrary and consequently to direct the respondents t,f, refund the amount with interest at l2ok per annum from the date of recovery till the date of refund and to pass such other order or orders

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Brief facts leading to the filing of the present Writ Petition are that the petitioner joined as a Lecturer in the Department of Political Science, University College of Arts & Social Sciences, Osmania University i.e., the 1"t respondent herein and thereafter, he was promoted as Associate Professor in the year 1997 and subsequently was promoted as flofessor on O1.O1.20O4 under Career Advancement Scheme (CAS) and retired from the service on 31.10.2017. It is submitred that after retirement, on the ground that the reader incremr:nt has been errqEreously given, recovery of excess payment fromL 11.08.1997 to O6.08.2O04, 07.OB.2OO4 to 23.02.2006 and 2al.O2.2OO6 to

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w P.\o.2679'r^{of 2()-r3}

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30.06.2017 was made by the l"t resPondent. The learne..,i counsel for the petitioner submitted that^{the Hon'ble Supreme} Court in the case of Stcrte of PunJab Vs, Rafiq Mcsiftr has held that the recovery of payments made Curing the course of employment cannot be made after the retirement of^the employee. It is submitted that following the^{said judgmentthis} Court, in a number of cases such as it Dr.Shahanaz^Begurn

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Vs. Osmc;nia llniversltg dnd. others in^{W.P.No.483Oof 2023,} has directed the authorities not to make the^recoveries.

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karned counsel for the petitioner has^{also submittedthat} the judgment of the Honble Supreme Court in^{the case of Rafig} Mo'slh (cited supra) has been reiterated by the^{division bench of} the Hon'ble Supreme Court in the case of Thomas^Danielu.

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State oJ KeraLa and others2. Therefore, the^petitioneris seeking a direction to refund the amount^{which has been} erroneously recovered by the respondent^{No. 1.}

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Mr.Ch.Jagannath Rao, learned Standing Counsel^for Osmania University appearing for respondents^{No.l and 2,} supported the order of the^recovery and^{further submitted that} there is a delay of almost five^years in filing^{the writ petition.}

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/'.

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'^{zots1t1 scc ssa}

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2 ciu Appeal No.7 t 1s oJ 20 to dated o2.O5.2O22

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PMD,J w.P.No.26796 of 2023

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However, after going through the material on record, this Court linds that the Hon'ble Supreme Court in the case of Rafiq Masth (cited supra) has held that the rr:onetary gains wrongly extended to the beneficiarSr employees in excess of their entitlements without any fault or misrepresentation at the behest of the recipient cannot be recovered after r,he retirernent of the employee. This Court also finds that the Hon'ble Supreme Court in the case of Thomds Danlel (cited supra) has reiterated this position. Respectfully following the same, this Court deems it frt and proper to direct the 1"t respondent to refund the reader increment which was recovered, with an interest of 60/o per annum from the date of recovery till the date of pa5,ment.

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Accordingly, the Writ Petition is allowed. Ther:e shall be no

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order as to costs.

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Miscellaneous applications, if any pendin5;, shall also

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stand closed.

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ASSISTAN?DJ.T8f31{I* //TRUE COPY// $1.,, SECTION OFFICER

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To 1. The Registrar, Osmania University, l-tyderabad-500007. The Deputy D-ire-c-tor, state Audit,'Govt. of rerangana, dsmania University, Hyderabad-500007.

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J. Il,9 Ill,9i?rlPgcrejglyr^{Deparrm_ent-o_f-HigherEducation,Secrerariat,} HyoeraDao, state ot I elenoana -5ooo22.

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1. One CC to M/s. A.V.S.LAXM|. Advocate tOpUCI 6.5. Two one ccs cc to to SRtGH.JAGANN^J! GP FoR SERVTCES-|, RAO, High sc court Fod ror ou tre- topuclsiaie 6r rerangana, at Hyderabad. [OUT]

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