SHASHI BALA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) There can be no doubt that this matter is covered by the ratio of the decision rendered in CWP No.6898 of 2015 titled Upasna Attri vs. State of Punjab and others decided on October 09, 2015.

(2.) The petitioner belongs to the same service and is faced with the same predicament of recovery of money ordered retrospectively from her Death-cum-Retirement-Gratuity [DCRG] which was paid at the time of her superannuation from service. The origin of dispute lies in grant of higher grade pay in the year 2011 which is said to be by mistake in overpayment beyond admissible Grade Pay. The petitioner has retired from service recently in June 2015.

(3.) Notwithstanding the above, recovery is not possible in view of the directions issued by the Supreme Court in State of Punjab v. Rafiq Masih, 2015 4 SCC 334 evolving wholly fresh principles of recovery when becomes impermissible and cannot be effected from an employee by the employer on the principles indicated in paragraph 18 of the judgment and especially directions (i), (ii) & (iii) contained in the report.