Ashok Kumar Tinna v. State of Punjab & Ors.
Case at a glance
Outcome
Allowed
writ petition is allowed in part
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 1212. In view of the fact that the issue raised in this petition is squarely covered by judgment rendered in Kaur Chand’s case (supra), this petition is allowed in the same terms, in terms of the judgment dated 2.3.2010 rendered in CWP 697 of 2010…
Judgment
HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vijay Rana, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral)
Although this petition filed under Article 226/227 of the Constitution of India prays for quashing action of the respondents in refixing the pay of the petitioner and consequent recovery, learned counsel for the petitioner states that the petitioner confines his claim in challenge to recovery only.
It has been contended that it might have been by error of the respondents that the petitioner was given three additional increments on his acquiring higher qualification of Prabhakar. The respondents would have a right to CWP No.21107 of 2010 [2] refix the pay, however, cannot take back the monetary benefits in view of law laid down by Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others (Civil Writ Petition No.2799 of 2008, decided on
22.5.2009) reported as 2009(3) PLR 511. Challenge in that regard is to Annexure P-10, P-11 and P-12.
Learned counsel for the petitioner further states that the petitioner would be sat- isfied if the petition is disposed of in terms of decision of this Court rendered in CWP 697 of 2010 (Kaur Chand v. State of Punjab and others), decided on
2.3.2010.
Notice of motion. On the asking of the Court, Mr. B.S. Chahal, Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. Req- uisite number of copies of the petition have been handed over to learned counsel for the respon- dents.
Learned counsel for the parties pray that the matter be disposed of at this stage itself, in view of peculiar facts and circum- stances of the case.
Learned counsel for the respondent- State contends that the respondents have not been able to verify whether the petitioner has played fraud or not. In regard to recovery, learned CWP No.21107 of 2010 [3] counsel for the respondents has not been able to cite any judgment contrary to the judgments cited by learned counsel for the petitioner. Learned counsel for the respondents, however, states that pay of the petitioner had been wrongly fixed and therefore, the respondents have a right to recover the additional benefits released to the petitioner.
I have considered the issue. The following needs to be extracted from Budh Ram's case (supra), for consideration of the issue raised in this petition:- “It is in the light of the above pronouncement, no longer open to the authorities granting the benefits, no matter er- roneously, to contend that even when the employee con- cerned was not at fault and was not in any way responsible for the mistake committed by the authorities, they are enti- tled to recover the benefit that has been received by the employee on the basis of any such erroneous grant. We say so primarily because if the employee is not responsible for the erroneous grant of benefit to him/her, it would induce in him the belief that the same was indeed due and pay- able. Acting on that belief the employee would, as any other person placed in his position arrange his affairs ac- cordingly which he may not have done if he had known that the benefit being granted to him is likely to be with- drawn at any subsequent point of time on what may be then said to be the correct interpretation and application of rules.
Having induced that belief in the employee and made him change his position and arrange his affairs in a manner that he would not otherwise have done, it would be unfair, inequitable and harsh for the Government to di- rect recovery of the excess amount simply because on a true and correct interpretation of the rules, such a benefit was not due. It does not require much imagination to say that additional monetary benefits going to an employee may not always result in accumulation of his resources and savings. Such a benefit may often be utilized on smaller luxuries of life which the employee and his family may not have been able to afford had the benefit not been extended to him. The employees can well argue that if it was known to them that the additional benefit is only temporary and would be recovered back from them, they would not have committed themselves to any additional expenditure in their daily affairs and would have cut their coat according CWP No.21107 of 2010 [4] to their cloth.
We have, therefore, no hesitation in holding that in case the employees who are recipient of the benefits extended to them on an erroneous interpretation or appli- cation of any rule, regulation, circular and instructions have not in any way contributed to such erroneous inter- pretation nor have they committed any fraud, misrepresen- tation, deception to obtain the grant of such benefit, the benefit so extended may be stopped for the future, but the amount already paid to the employees cannot be recovered from them.”
Operative part
Relying on Budh Ram's case (supra), this Court in Kaur Chand's case (supra), has held in the fol- lowing terms:-
(6). Following the dictum in Budh Ram's case (supra), the writ petition is allowed in part; the action of the respon- dents in ordering recovery of the excess payments received by the petitioner as a result of Stepping-up of his pay or grant of ACP is hereby quashed. However, the impugned order(s) to the extent of re-fixation of his pay and conse- quential re-determination of the retiral benefits are upheld. The recovery, if any, already made from the petitioner shall be refunded to him within a period of four months from the date of receipt of certified copy of this order. (7). Since the respondents have not filed any counter-re- ply/affidavit, it shall be open to them to verify the records and if it is found that the petitioner had actually misrepre- sented the facts and/order played fraud etc. to gain the monetary benefits, to seek review of this order within a pe- riod of six months from the date of receipt of a certified copy of this order.
In view of the fact that the issue raised in this petition is squarely covered by judgment rendered in Kaur Chand’s case (supra), this petition is allowed in the same terms, in terms of the judgment dated 2.3.2010 rendered in CWP 697 of 2010 (Kaur Chand v. State of Punjab and others), portion whereof has been extracted above. November 26, 2010 JUDGE (AJAI LAMBA) CWP No.21107 of 2010 [5] To be referred to the Reporters or not?
1. 2. Whether the judgment should be reported in the Digest?
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: writ petition is allowed in part
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Which court decided this case, and when?
Punjab & Haryana High Court, on 26 Nov 2010. The bench was AJAI LAMBA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.