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TMI Blog2023 (8) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent department, she was awarded with Selection Grade and Special Grade on completion of 10 years and 20 years service, respectively. That the incentive increment sought to be recovered subsequently, on the ground that 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. Similar issue came up for consideration before the Hon'ble Apex Court in State of Punjab and others Vs. Rafik Masih [ 2014 (12) TMI 1415 - SUPREME COURT] , wherein, the Apex Court held that in the absence of any misrepresentation, if any ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Khadi Board. Subsequently, the respondent passed the recovery order on the ground that the earlier service rendered in Khadi Board is not eligible service for awarding Selection Grade and Special Grade in the Government department. Accordingly, they passed a recover order, dated 19.12.2017. Challenging the same, the petitioner and other similarly places persons filed a writ petition before this Court in W.P.(MD)No.5679 of 2018 and this Court by order, dated 22.04.2019, allowed the writ petition by quashing the recovery order, dated 19.12.2017 with consequential direction to the competent authority to pass appropriate order after issuing show cause notice within a period of four weeks from the date of receipt of a copy of this order and pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... afts, Textiles and Khadi Department has stated that the employees found surplus in Khadi Board and reappointment will be treated as new entrance in absorbed department as per G.O.Ms.No.152, dated 12.07.2012. Further, the said letter also states that awarding of Selection Grade and Special Grade to the said employees is against G.O.Ms.No.154, dated 21.11.2009. Therefore, instructions has been issued in the Government letter, dated 19.12.2017 to cancel the Selection Grade and Special Grade awarded to such employees and to recover the excess pay after revising the pay, in pursuance of the said letter, a show cause notice, dated 06.09.2019 was issued. If the petitioner is aggrieved, he ought to have challenged Government letter, dated 19.12.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers reported in 2015(4) SCC-334 and referred paragraph No.12, wherein, it was held as follows : 12. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service). (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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