(1.) This is a civil writ petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dtd. 3/8/2022 (Annexure P-8) vide which an amount of Rs.2,93,226.00 has been shown to be recoverable, remarks given in the EPPO (Annexure P-9) to effect the recovery and the letter dtd. 6/5/2024 (Annexure P-10) vide which it has been written by respondent no.5 to respondent no.6 to effect the recovery from the pension of the petitioner on account of re-fixation of pay, in view of the instructions dtd. 1/11/2021 (Annexure P-7) and 28/8/2015 (Annexure P-12) and also being in violation of the law laid down by the Hon'ble Supreme Court of India in the case of State of Punjab and others vs. Rafiq Masih (White Washers) and others reported as 2015(4) SCC 334.
(2.) Learned counsel for the petitioner has submitted that the petitioner is not challenging re-fixation of his pay and has limited his prayer to the effect that no recovery should be effected from him as the petitioner had retired on 31/3/2021. In this regard, reliance has been placed upon a judgment of the Hon'ble Supreme Court in Rafiq Masih (White Washer)'s case (supra), para 12 of which judgment has been highlighted and the relevant portion of the same is reproduced herein below: -
(3.) Learned counsel for the petitioner has submitted that a perusal of above-said para would show that the Hon'ble Supreme Court had summarized certain situations wherein the recoveries by the employers would be impermissible in law, where the payments had been made mistakenly by the employer, in excess of entitlement to the employee and one such situation, as provided under Clause (ii) of Para 12, was recovery from retired employees or employees who are due to retire within one year, of the order of recovery. It is stated that the case of the present petitioner is squarely covered under the said clause (ii) as it is not in dispute that the petitioner has retired on 31/3/2021 and there is no allegation of any misrepresentation or fraud on his part.