K NAGESHWARAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these appeals, the appellants are assailing the common order passed by the learned Single Judge dated 16.04.2013 in W.P.No.82925-928/2012 and connected petitions.

(2.) The appellants were before the learned Single Judge assailing the respective Recovery Notices which had been issued to them after their retirement to recover the amount from them which was claimed as excess salary paid to the appellants while they were discharging their services in the second respondent - Gulbarga University.

(3.) The brief facts to be noticed for the purpose of disposal of these appeals is with reference to the facts as pleaded in the Writ Appeal No.200011/2015. While assailing the Recovery action, it is contended that the appellant therein had retired from service on 30.06.2009 while the recovery notice was issued to him on 13.06.2002. Similar is the case in the connected appeals wherein the Recovery notices have been issued subsequent to the date of retirement. It is in that light contended on behalf of the appellant that the salaries which had been paid to them cannot be recovered subsequently. Though contentions with regard to the applicability of the appropriate recommendations by which the University was governed viz., the Imrapur Committee report or the Muddappa's Committee report have been urged, the said contentions at this stage would lose its relevance since what requires consideration in these appeals is as to whether the recovery as being done after retirement could be permitted.