9911796707
TMI Blog2023 (8) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... eavy loss and totally 378 staffs were considered as excess staffs and they were proposed to absorb in Government department. Hence, the Government of Tamil Nadu issued a Government Order in G.O.Ms.No.154 (Handloom, Handicrafts, Textiles and Khadi (F2) Department), dated 21.11.2009 framing guidelines for the absorption of the excess staffs in the Khadi Board to other Government departments. The petitioner was also one of the excess staff in the Khadi Board and she was absorbed in the respondent department and appointed as Office Assistant. The petitioner was granted with Selection Grade on completion of 10 years of service and Special Grade on completion of 20 years service by considering her earlier service rendered in Khadi Board. Subseque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case is no longer res integra. 4. To support the contention of the petitioner, he referred to the decision of the Hon'ble Supreme Court rendered in the case of State of Punjab and others Vs. Rafik Masih (White Washer) and others reported in 2015(4) SCC-334. 5. By referring the judgment of the Hon'ble Supreme Court of India, the petitioner submitted that no recovery proceedings can be initiated even for any excess payment given to the petitioner by the respondents. Hence, the Recovery proceedings, initiated by the respondents are liable to be quashed. 6. The learned Special Government pleader appearing for the respondents submitted that the Government in its letter, dated 19.12.2017 of Handloom, Handicrafts, Textiles and Khadi Departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the service rendered in the Khadi Board, is not eligible to get benefits in the respondent department, thereby, the present recovery order was passed. Though there is no violation of principles of natural justice, the present recovery order is passed after hearing the petitioner. However, the similar issue came up for consideration before the Hon'ble Apex Court, wherein, the Apex Court held that in the absence of any misrepresentation, if any benefits granted to the clause 3 and 4 employees cannot be sought to be recovered subsequently, at a later point of time. 9. In the decision of the Hon'ble Supreme Court rendered in the case of State of Punjab and others Vs. Rafik Masih (White Washer) and others reported in 2015(4) SCC-334 and ref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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