REGENT COMPUTRONICS PVT. LTD.

S.Thomas Gnanadura Appellant

V/S

PRINCIPAL SECRETARY Respondents

Referred Judgements :-

NATIONAL INSURANCE COMPANY LTD VS. PRANAY SETHI AND OTHERS [REFERRED TO]
PREM CHAND GARG VS. EXCISE COMMISSIONER U P [REFERRED TO]
NARESH SHRIDHAR MIRAJKAR VS. STATE OF MAHARASHTRA [REFERRED TO]
A R ANTULAY VS. R S NAYAK [REFERRED TO]
UNION OF INDIA VS. KARNAIL SINGH [REFERRED TO]
SUPREME COURT BAR ASSOCIATION VS. UNION OF INDIA [REFERRED TO]
RAMAKANT RAI VS. MADAN RAI [REFERRED TO]
STATE OF U P VS. NEERAJ AWASTHI [REFERRED TO]
INDIAN BANK VS. ABS MARINE PRODUCTS PVT LTD [REFERRED TO]
RAM PRAVESH SINGH VS. STATE OF BIHAR [REFERRED TO]
CHANDI PRASAD UNIYAL VS. STATE OF UTTARAKHAND [REFERRED TO]
STATE OF PUNJAB VS. RAFIQ MASIH [REFERRED TO]
STATE OF PUNJAB VS. RAFIQ MASIH [REFERRED TO]

JUDGEMENT

(1.) The writ petitioners in all these Writ Petitions are working as Lecturers and the impugned order of recovery was issued based on the audit objections raised that excess payment was made on account of erroneous fixation of scale of pay.

(2.) The learned counsel appearing on behalf of the writ petitioners states that the order of recovery is in violation of the directions issued by the Hon'ble Supreme Court of India in the case of State of Punjab Vs. Rafiq Masih reported in (2015) 4 SCC 334.

(3.) In view of the fact that the writ petitioners have attained the age of superannuation and allowed to retire from service, excess salary if at all paid cannot be recovered. However, the authorities competent are empowered to correct the scale of pay for the purpose of all future disbursement of salary or pension.

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S.THOMAS GNANADURA Vs. PRINCIPAL SECRETARY

Referred Judgements :-

JUDGEMENT

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