KESH RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed for grant of the following substantive relief:-

(2.) It is not in dispute that the petitioner herein was serving as a Clerk (Class-III) during the period of which the recovery was ordered to be effected and aggrieved by the order of recovery and rejection of his request for quashing the order of recovery, has filed the instant petition.

(3.) The issue regarding recoveries has been decided by this Court in batch of petitions, lead case being CWPOA No. 3145/2019, titled S.S. Chaudhary Vs. State of H.P. and Others, decided on 24/3/2022, wherein, after taking into consideration entire law on the subject, this Court has laid down the following parameters where recovery by the employer would be permissible/impermissible from the employee. Paragraph 35 whereof reads as under: