STATE OF PUNJAB & ORS. Vs. RAFIQ MASIH (WHITE WASHER)
Section 136 - Special leave to appeal by the Supreme Court
Section 142 - Enforcement of decrees and orders of Supreme Court and unless as to discovery
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 11527 of 2014, Judgment Date: Dec 18, 2014
"REPORTABLE"
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11527 OF 2014
(Arising out of SLP(C) No.11684 of 2012)
State of Punjab and others etc. ...Appellants
versus
Rafiq Masih (White Washer) etc. ... Respondent(s)
WITH
CIVIL APPEAL NO. 11528 OF 2014 [Arising out of SLP(C) No 35892 CC No.
14663 of 2010]
CIVIL APPEAL NO. 11530 OF 2014 [Arising out of SLP(C) No.35914 .CC No.
20144 of 2010]
CIVIL APPEAL NO. 11531 OF 2014 [Arising out of SLP(C) No. 35916 CC No.
9303 of 2011]
CIVIL APPEAL NO. 11532 OF 2014 [Arising out of SLP(C) No. 35917 CC No.
15876 of 2011]
CIVIL APPEAL NO. 11533 OF 2014 [Arising out of SLP(C) No. 35919 CC No.
16190 of 2011]
CIVIL APPEAL NO. 11534 OF 2014 [Arising out of SLP(C) No. 35920 CC No.
16303 of 2011]
CIVIL APPEAL NO. 11535 OF 2014 [Arising out of SLP(C) No. 35921 CC No.
16309 of 2011]
CIVIL APPEAL NO. 11536 OF 2014 [Arising out of SLP(C) No. 35923 CC No.
16325 of 2011]
CIVIL APPEAL NO. 11537 OF 2014 [Arising out of SLP(C) No.35924 CC No.
16326 of 2011]
CIVIL APPEAL NO.11538 OF 2014 [Arising out of SLP(C) No.35927 CC No.
16327 of 2011]
CIVIL APPEAL NO. 11539 OF 2014 [Arising out of SLP(C) No.35928 CC No.
16350 of 2011]
CIVIL APPEAL NO. 11540 OF 2014 [Arising out of SLP(C) No. 35930 CC No.
16548 of 2011]
CIVIL APPEAL NO. 11541 OF 2014 [Arising out of SLP(C) No.35931 CC No.
16580 of 2011]
CIVIL APPEAL NO. 11542 OF 2014 [Arising out of SLP(C) No.35932 CC No.
16582 of 2011]
CIVIL APPEAL NO. 11543 OF 2014 [Arising out of SLP(C) No.35936 CC No.
16594 of 2011]
CIVIL APPEAL NO. 11544 OF 2014 [Arising out of SLP(C) No. 35940 CC No.
16723 of 2011]
CIVIL APPEAL NO. 11545 OF 2014 [Arising out of SLP(C) No. 35941 CC No.
16850 of 2011]
CIVIL APPEAL NO. 11546 OF 2014 [Arising out of SLP(C) No. 35943 CC No.
16904 of 2011]
CIVIL APPEAL NO. 11547 OF 2014 [Arising out of SLP(C) No. 35944 CC No.
17192 of 2011]
CIVIL APPEAL NO. 11548 OF 2014 [Arising out of SLP(C) No. 35945 CC No.
17193 of 2011]
CIVIL APPEAL NO. 11549 OF 2014 [Arising out of SLP(C) No.35948 CC No.
17201 of 2011]
CIVIL APPEAL NO. 11550 OF 2014 [Arising out of SLP(C) No. 35949 CC No.
17204 of 2011]
CIVIL APPEAL NO. 11551 OF 2014 [Arising out of SLP(C) No. 35951 CC No.
17388 of 2011]
CIVIL APPEAL NO. 11552 OF 2014 [Arising out of SLP(C) No. 35952 CC No.
17507 of 2011]
CIVIL APPEAL NO. 11553 OF 2014 [Arising out of SLP(C) No. 35954 CC No.
17508 of 2011]
CIVIL APPEAL NO. 11554 OF 2014 [Arising out of SLP(C) No. 35955 CC No.
17534 of 2011]
CIVIL APPEAL NO. 11555 OF 2014 [Arising out of SLP(C) No. 35956 CC
No.17709 of 2011]
CIVIL APPEAL NO. 11556 OF 2014 [Arising out of SLP(C) No. 35957 CC
No.17711 of 2011]
CIVIL APPEAL NO. 11557 OF 2014 [Arising out of SLP(C) No. 35958 CC
No.17735 of 2011]
CIVIL APPEAL NO. 11558 OF 2014 [Arising out of SLP(C) No. 35959 CC No.
17798 of 2011]
CIVIL APPEAL NO. 11559 OF 2014 [Arising out of SLP(C) No. 35960 CC
No.17835 of 2011]
CIVIL APPEAL NO. 11560 OF 2014 [Arising out of SLP(C) No. 35961 CC No.
17846 of 2011]
CIVIL APPEAL NO. 11561 OF 2014 [Arising out of SLP(C) No. 35962 CC No.
17888 of 2011]
CIVIL APPEAL NO. 11562 OF 2014 [Arising out of SLP(C) No. 35963 CC No.
18227 of 2011]
CIVIL APPEAL NO. 11563 OF 2014 [Arising out of SLP(C) No.35964 CC No.
18261 of 2011]
CIVIL APPEAL NO. 11564 OF 2014 [Arising out of SLP(C) No.35965 CC No.
18286 of 2011]
CIVIL APPEAL NO. 11565 OF 2014 [Arising out of SLP(C) No. 35967 CC No.18310
of 2011]
CIVIL APPEAL NO.11566 OF 2014 [Arising out of SLP(C) No.35968 CC No.18312
of 2011]
CIVIL APPEAL NO. 11567 OF 2014 [Arising out of SLP(C) No. 35969 CC No.
18337 of 2011]
CIVIL APPEAL NO. 11568 OF 2014 [Arising out of SLP(C) No. 35971 CC No.
18423 of 2011]
CIVIL APPEAL NO. 11569 OF 2014 [Arising out of SLP(C) No. 35972 CC No.
18524 of 2011]
CIVIL APPEAL NO. 11570 OF 2014 [Arising out of SLP(C) No. 35973 CC No.
18525 of 2011]
CIVIL APPEAL NO. 11571 OF 2014 [Arising out of SLP(C) No. 35975 CC No.
18526 of 2011]
CIVIL APPEAL NO. 11572 OF 2014 [Arising out of SLP(C) No.35976 CC
No.18527 of 2011]
CIVIL APPEAL NO. 11573 OF 2014 [Arising out of SLP(C) No. 35977 CC
No.18535 of 2011]
CIVIL APPEAL NO. 11575 OF 2014 [Arising out of SLP(C) No. 35980 CC
No.18536 of 2011]
CIVIL APPEAL NO. 11574 OF 2014 [Arising out of SLP(C) No. 35979 CC
No.18628 of 2011]
CIVIL APPEAL NO. 11576 OF 2014 [Arising out of SLP(C) No. 35981 CC
No.18630 of 2011]
CIVIL APPEAL NO. 11577 OF 2014 [Arising out of SLP(C) No. 35982 CC
No.18767 of 2011]
CIVIL APPEAL NO. 11578 OF 2014 [Arising out of SLP(C) No. 35983 CC No.
18769 of 2011]
CIVIL APPEAL NO. 11579 OF 2014 [Arising out of SLP(C) No. 35984 CC
No.18784 of 2011]
CIVIL APPEAL NO. 11580 OF 2014 [Arising out of SLP(C) No. 35985 CC
No.18796 of 2011]
CIVIL APPEAL NO. 11581 OF 2014 [Arising out of SLP(C) No.35986 CC
No.18802 of 2011]
CIVIL APPEAL NO. 11582 OF 2014 [Arising out of SLP(C) No. 35987 CC
No.18805 of 2011]
CIVIL APPEAL NO. 11583 OF 2014 [Arising out of SLP(C) No. 35989 CC No.
18834 of 2011]
CIVIL APPEAL NO. 11584 OF 2014 [rising out of SLP(C) No. 35990 CC No.
18857 of 2011]
CIVIL APPEAL NO. 11585 OF 2014 [Arising out of SLP(C) No.35991 CC
No.18960 of 2011]
CIVIL APPEAL NO. 11586 OF 2014 [Arising out of SLP(C) No. 35993 CC No.
19116 of 2011]
CIVIL APPEAL NO. 11587 OF 2014 [Arising out of SLP(C) No. 35994 CC No.
19236 of 2011]
CIVIL APPEAL NO. 11588 OF 2014 [Arising out of SLP(C) No. 35995 CC No.
19527 of 2011]
CIVIL APPEAL NO. 11589 OF 2014 [Arising out of SLP(C) No. 35996 CC No.
19552 of 2011]
CIVIL APPEAL NO. 11590 OF 2014 [Arising out of SLP(C) No. 35997 CC No.
19556 of 2011]
CIVIL APPEAL NO. 11591 OF 2014 [Arising out of SLP(C) No. 35999 CC
No.19580 of 2011]
CIVIL APPEAL NO. 11593 OF 2014 [Arising out of SLP(C) No. 36000 CC No.
19590 of 2011]
CIVIL APPEAL NO. 11594 OF 2014 [Arising out of SLP(C) No. 36001 CC
No.19594 of 2011]
CIVIL APPEAL NO. 11595 OF 2014 [Arising out of SLP(C) No. 36002 CC No.
19597 of 2011]
CIVIL APPEAL NO. 11596 OF 2014 [Arising out of SLP(C) No. 36003 CC
No.19599 of 2011]
CIVIL APPEAL NO. 11597 OF 2014 [Arising out of SLP(C) No.36004 CC
No.19601 of 2011]
CIVIL APPEAL NO. 11598 OF 2014 [Arising out of SLP(C) No. 36005 CC
No.19663 of 2011]
CIVIL APPEAL NO. 11599 OF 2014 [Arising out of SLP(C) No. 36007 CC No.
19727 of 2011]
CIVIL APPEAL NO. 11600 OF 2014 [Arising out of SLP(C) No. 36008 CC No.
19837 of 2011]
CIVIL APPEAL NO. 11601 OF 2014 [Arising out of SLP(C) No. 36010 CC
No.19864 of 2011]
CIVIL APPEAL NO. 11602 OF 2014 [Arising out of SLP(C) No. 36011 CC No.
20022 of 2011]
CIVIL APPEAL NO. 11603 OF 2014 [Arising out of SLP(C) No. 36012 CC No.
20024 of 2011]
CIVIL APPEAL NO. 11605 OF 2014 [Arising out of SLP(C) No. 36014 CC No.
20048 of 2011]
CIVIL APPEAL NO. 11606 OF 2014 [Arising out of SLP(C) No. 36015 CC
No.20291 of 2011]
CIVIL APPEAL NO. 11607 OF 2014 [Arising out of SLP(C) No. 36016 CC
No.20454 of 2011]
CIVIL APPEAL NO. 11608 OF 2014 [Arising out of SLP(C) No. 36018 CC
No.20794 of 2011]
CIVIL APPEAL NO. 11609 OF 2014 [Arising out of SLP(C) No.36019 CC
No.20891 of 2011]
CIVIL APPEAL NO. 11610 OF 2014 [Arising out of SLP(C) No. 36022 CC
No.21915 of 2011]
CIVIL APPEAL NO. 11611 OF 2014 [Arising out of SLP(C) No. 36024 CC No.
22255 of 2011]
CIVIL APPEAL NO. 11612 OF 2014 [Arising out of SLP(C) No. 36026 CC
No.22256 of 2011]
CIVIL APPEAL NO. 11613 OF 2014 [Arising out of SLP(C) No. 36027 CC
No.22257 of 2011]
CIVIL APPEAL NO. 11614 OF 2014 [Arising out of SLP(C) No. 30473 of 2011]
CIVIL APPEAL NO. 11615 OF 2014 [Arising out of SLP(C) No. 33651 of 2011]
CIVIL APPEAL NO. 11616 OF 2014 [Arising out of SLP(C) No. 35876 of
2011]
CIVIL APPEAL NO. 11617 OF 2014 [Arising out of SLP(C) No. 36029 CC No.
133 of 2012]
CIVIL APPEAL NO. 11618 OF 2014 [Arising out of SLP(C) No. 36030 CC No.
178 of 2012]
CIVIL APPEAL NO. 11619 OF 2014 [Arising out of SLP(C) No. 36031 CC No.
434 of 2012]
CIVIL APPEAL NO. 11620 OF 2014 [Arising out of SLP(C) No. 36032 CC No. 887
of 2012]
CIVIL APPEAL NO. 11621 OF 2014 [Arising out of SLP(C) No. 36033 CC No.
1147 of 2012]
CIVIL APPEAL NO. 11622 OF 2014 [Arising out of SLP(C) No.36034 CC No.
1166 of 2012]
CIVIL APPEAL NO. 11623 OF 2014 [Arising out of SLP(C) No. 36036 CC No.
1168 of 2012]
CIVIL APPEAL NO. 11624 OF 2014 [Arising out of SLP(C) No. 36037 CC No.
1188 of 2012]
CIVIL APPEAL NO. 11625 OF 2014 [Arising out of SLP(C) No. 36038 CC No.
1200 of 2012]
CIVIL APPEAL NO. 11626 OF 2014 [Arising out of SLP(C) No. 36039 CC No.
1291 of 2012]
CIVIL APPEAL NO. 11627 OF 2014 [Arising out of SLP(C) No. 36040 CC No.
1303 of 2012]
CIVIL APPEAL NO. 11628 OF 2014 [Arising out of SLP(C) No. 36042 CC No.
1306 of 2012]
CIVIL APPEAL NO. 11629 OF 2014 [Arising out of SLP(C) No.36043 CC No.
1391 of 2012]
CIVIL APPEAL NO. 11630 OF 2014 [Arising out of SLP(C) No. 36044 C No.
1596 of 2012]
CIVIL APPEAL NO. 11631 OF 2014 [Arising out of SLP(C) No. 36045 CC No.
1637 of 2012]
CIVIL APPEAL NO. 11632 OF 2014 [Arising out of SLP(C) No.36046 CC No.
1644 of 2012]
CIVIL APPEAL NO. 11633 OF 2014 [Arising out of SLP(C) No. 36047 CC No.
1653 of 2012]
CIVIL APPEAL NO. 11636 OF 2014 [Arising out of SLP(C) No. 36048 CC No.
1657 of 2012]
CIVIL APPEAL NO. 11637 OF 2014 [Arising out of SLP(C) No. 36049 CC No.
1739 of 2012]
CIVIL APPEAL NO. 11638 OF 2014 [Arising out of SLP(C) No. 36051 CC No.
1864 of 2012]
CIVIL APPEAL NO. 11639 OF 2014 [Arising out of SLP(C) No. 36052 CC No.
1869 of 2012]
CIVIL APPEAL NO. 11640 OF 2014 [Arising out of SLP(C) No. 36053 CC No.
1928 of 2012]
CIVIL APPEAL NO. 11641 OF 2014 [Arising out of SLP(C) No. 36054 CC No.
1935 of 2012]
CIVIL APPEAL NO. 11642 OF 2014 [Arising out of SLP(C) No. 36055 CC No.
2209 of 2012]
CIVIL APPEAL NO. 11643 OF 2014 [Arising out of SLP(C) No. 36056 CC No.
2798 of 2012]
CIVIL APPEAL NO. 11644 OF 2014 [Arising out of SLP(C) No. 36058 CC No.
2818 of 2012]
CIVIL APPEAL NO. 11645 OF 2014 [Arising out of SLP(C) No. 36059 CC No.
2821 of 2012]
CIVIL APPEAL NO. 11646 OF 2014 [Arising out of SLP(C) No.36062 CC No.
2832 of 2012]
CIVIL APPEAL NO. 11647 OF 2014 [Arising out of SLP(C) No. 4822 of
2012]
CIVIL APPEAL NO. 11648 OF 2014 [Arising out of SLP(C) No. 36063 CC No.
6093 of 2012]
CIVIL APPEAL NO. 11649 OF 2014 [Arising out of SLP(C) No. 36065 CC No.
6483 of 2012]
CIVIL APPEAL NO. 11650 OF 2014 [Arising out of SLP(C) No. 36067 CC No.
6604 of 2012]
CIVIL APPEAL NOS.11651-52 OF 2014 [Arising out of SLP(C) Nos36068-69 CC
Nos.6632-6633 of 2012]
CIVIL APPEAL NO. 11653 OF 2014 [Arising out of SLP(C) No.36070 CC No.
6659 of 2012]
CIVIL APPEAL NO. 11654 OF 2014 [Arising out of SLP(C) No. 6692 of 2012]
CIVIL APPEAL NO. 11655 OF 2014 [Arising out of SLP(C) No. 36071 CC No.
6800 of 2012]
CIVIL APPEAL NO. 11656 OF 2014 [Arising out of SLP(C) No. 36072 CC No.
6829 of 2012]
CIVIL APPEAL NO. 11657 OF 2014 [Arising out of SLP(C) No. 36073 CC No.
10109 of 2012]
CIVIL APPEAL NO. 11658 OF 2014 [Arising out of SLP(C) No. 11690 of 2012]
CIVIL APPEAL NO. 11659 OF 2014 [Arising out of SLP(C) No. 11693 of 2012]
CIVIL APPEAL NO. 11660 OF 2014 [Arising out of SLP(C) No.11694 of 2012]
CIVIL APPEAL NO. 11661 OF 2014 [Arising out of SLP(C) No. 11697 of
2012]
CIVIL APPEAL NO. 11662 OF 2014 [Arising out of SLP(C) No. 11699 of
2012]
CIVIL APPEAL NO. 11663 OF 2014 [Arising out of SLP(C) No. 11702 of
2012]
CIVIL APPEAL NO. 11664 OF 2014 [Arising out of SLP(C) No. 11703 of
2012]
CIVIL APPEAL NO. 11665 OF 2014 [Arising out of SLP(C) No. 11705 of
2012]
CIVIL APPEAL NO. 11666 OF 2014 [Arising out of SLP(C) No. 11706 of
2012]
CIVIL APPEAL NO. 11667 OF 2014 [Arising out of SLP(C) No. 11707 of
2012]
CIVIL APPEAL NO. 11668 OF 2014 [Arising out of SLP(C) No. 11709 of
2012]
CIVIL APPEAL NO. 11669 OF 2014 [Arising out of SLP(C) No. 11710 of
2012]
CIVIL APPEAL NO. 11670 OF 2014 [Arising out of SLP(C) No. 11712 of
2012]
CIVIL APPEAL NO. 11671 OF 2014 [Arising out of SLP(C) No.36086 CC No.
12769 of 2012]
CIVIL APPEAL NO. 11672 OF 2014 [Arising out of SLP(C) No. 36089 CC No.
13044 of 2012]
CIVIL APPEAL NO. 11673 OF 2014 [Arising out of SLP(C) No. 36091 CC No.
13114 of 2012]
CIVIL APPEAL NO. 11674 OF 2014 [Arising out of SLP(C) No. 36092 CC No.
13300 of 2012]
CIVIL APPEAL NO. 11675 OF 2014 [Arising out of SLP(C) No. 26306 of 2012]
CIVIL APPEAL NO. 11676 OF 2014 [Arising out of SLP(C) No. 26307 of 2012]
CIVIL APPEAL NO. 11677 OF 2014 [Arising out of SLP(C) No. 26308 of 2012]
CIVIL APPEAL NO. 11678 OF 2014 [Arising out of SLP(C) No. 26386 of 2012]
CIVIL APPEAL NO. 11679 OF 2014 [Arising out of SLP(C) No. 26388 of 2012]
CIVIL APPEAL NO. 11680 OF 2014 [Arising out of SLP(C) No. 26389 of 2012]
CIVIL APPEAL NO. 11681 OF 2014 [Arising out of SLP(C) No. 26391 of
2012]
CIVIL APPEAL NO. 11682 OF 2014 [Arising out of SLP(C) No. 28655 of
2012]
CIVIL APPEAL NO. 11683 OF 2014 [Arising out of SLP(C) No. 28812 of
2012]
CIVIL APPEAL NO. 11684 OF 2014 [Arising out of SLP(C) No. 28813 of
2012]
CIVIL APPEAL NO. 11685 OF 2014 [Arising out of SLP(C) No. 28814 of
2012]
CIVIL APPEAL NO. 11686 OF 2014 [Arising out of SLP(C) No. 28815 of
2012]
CIVIL APPEAL NO. 11687 OF 2014 [Arising out of SLP(C) No. 28816 of
2012]
CIVIL APPEAL NO. 11688 OF 2014 [Arising out of SLP(C) No. 28817 of
2012]
CIVIL APPEAL NO. 11689 OF 2014 [Arising out of SLP(C) No. 28818 of
2012]
CIVIL APPEAL NO. 11713 OF 2014 (Arising out of SLP(C) No. 28819 of
2012]
CIVIL APPEAL NO. 11717 OF 2014 [Arising out of SLP(C) No. 28823 of
2012]
CIVIL APPEAL NO. 11720 OF 2014 [Arising out of SLP(C) No. 28824 of
2012]
CIVIL APPEAL NO. 11721 OF 2014 [Arising out of SLP(C) No. 28825 of
2012]
CIVIL APPEAL NO. 11723 OF 2014 [Arising out of SLP(C) No. 28827 of
2012]
CIVIL APPEAL NO. 11724 OF 2014 [Arising out of SLP(C) No. 28828 of
2012]
CIVIL APPEAL NO. 11727 OF 2014 [Arising out of SLP(C) No. 28829 of
2012]
CIVIL APPEAL NO. 11729 OF 2014 [Arising out of SLP(C) No. 30246 of
2012]
CIVIL APPEAL NO. 11731 OF 2014 [Arising out of SLP(C) No. 30751 of
2012]
CIVIL APPEAL NO. 11735 OF 2014 [Arising out of SLP(C) No. 33343 of
2012]
CIVIL APPEAL NO. 11741 OF 2014 [Arising out of SLP(C) No. 33345 of
2012]
CIVIL APPEAL NO. 11743 OF 2014 [Arising out of SLP(C) No. 33347 of
2012]
CIVIL APPEAL NO. 11744 OF 2014 [Arising out of SLP(C) No. 33348 of
2012]
CIVIL APPEAL NO. 11752 OF 2014 [Arising out of SLP(C) No. 33350 of
2012]
CIVIL APPEAL NO. 11754 OF 2014 [Arising out of SLP(C) No. 33352 of
2012]
CIVIL APPEAL NO. 11755 OF 2014 [Arising out of SLP(C) No. 33353 of
2012]
CIVIL APPEAL NO. 11770 OF 2014 [Arising out of SLP(C) No. 33354 of
2012]
CIVIL APPEAL NO. 11772 OF 2014 [Arising out of SLP(C) No. 33356 of
2012]
CIVIL APPEAL NO. 11773 OF 201 4 [Arising out of SLP(C) No. 35328 of
2012]
CIVIL APPEAL NO. 11790 OF 2014 [Arising out of SLP(C) No. 37149 of
2012]
CIVIL APPEAL NO. 11791 OF 2014 [Arising out of SLP(C) No. 37151 of
2012]
CIVIL APPEAL NO. 11794 OF 2014 [Arising out of SLP(C) No. 37152 of
2012]
CIVIL APPEAL NO. 11795 OF 2014 (Arising out of SLP(C) No. 37153 of
2012]
CIVIL APPEAL NO. 11798 OF 2014 [Arising out of SLP(C) No. 37154 of
2012]
CIVIL APPEAL NO. 11800 OF 2014 [Arising out of SLP(C) No. 39202 of
2012]
CIVIL APPEAL NO. 11802 OF 2014 [Arising out of SLP(C) No. 519 of 2013]
CIVIL APPEAL NO. 11806 OF 2014 [Arising out of SLP(C) No. 523 of 2013]
CIVIL APPEAL NO. 11807 OF 2014 [Arising out of SLP(C) No. 524 of 2013]
CIVIL APPEAL NO. 11810 OF 2014 [Arising out of SLP(C) No. 36111 CC No.
2335 of 2013]
CIVIL APPEAL NO. 11812 OF 2014 [Arising out of SLP(C) No. 5751 of
2013]
CIVIL APPEAL NO. 11814 OF 2014 [Arising out of SLP(C) No. 5753 of
2013]
CIVIL APPEAL NO. 11816 OF 2014 [Arising out of SLP(C) No. 5765 of
2013]
CIVIL APPEAL NO. 11818 OF 2014 [Arising out of SLP(C) No. 5810 of 2013]
CIVIL APPEAL NO. 11819 OF 2014 [Arising out of SLP(C) No. 5821 of 2013]
CIVIL APPEAL NO. 11821 OF 2014 [Arising out of SLP(C) No. 5838 of 2013]
CIVIL APPEAL NO. 11836 OF 2014 [Arising out of SLP(C) No. 36112 CC
No.6861 of 2013]
CIVIL APPEAL NO. 11837 OF 2014 [Arising out of SLP(C) No. 9907 of 2013]
CIVIL APPEAL NO. 11838 OF 2014 [Arising out of SLP(C) No. 9909 of 2013]
CIVIL APPEAL NO. 11839 OF 2014 [Arising out of SLP(C) No. 9911 of 2013]
CIVIL APPEAL NO. 11840 OF 2014 [Arising out of SLP(C) No. 9912 of 2013]
CIVIL APPEAL NO. 11841 OF 2014 [Arising out of SLP(C) No. 9913 of 2013]
CIVIL APPEAL NO. 11842 OF 2014 [Arising out of SLP(C) No. 9914 of 2013]
CIVIL APPEAL NO. 11843 OF 2014 [Arising out of SLP(C) No. 9915 of 2013]
CIVIL APPEAL NO. 11844 OF 2014 [Arising out of SLP(C) No. 9916 of 2013]
CIVIL APPEAL NO. 11845 OF 2014 [Arising out of SLP(C) No. 9918 of 2013]
CIVIL APPEAL NO. 11846 OF 2014 [Arising out of SLP(C) No. 10927 of 2013]
CIVIL APPEAL NO. 11848 OF 2014 [Arising out of SLP(C) No. 10928 of
2013]
CIVIL APPEAL NO. 11850 OF 2014 [Arising out of SLP(C) No. 10929 of
2013]
CIVIL APPEAL NO. 11853 OF 2014 [Arising out of SLP(C) No. 10930 of
2013]
CIVIL APPEAL NO. 11854 OF 2014 [Arising out of SLP(C) No. 10931 of
2013]
CIVIL APPEAL NO. 11857 OF 2014 [Arising out of SLP(C) No. 10933 of
2013]
CIVIL APPEAL NO. 11859 OF 2014 [Arising out of SLP(C) No. 10934 of
2013]
CIVIL APPEAL NO. 11861 OF 2014 (Arising out of SLP(C) No. 10935 of
2013]
CIVIL APPEAL NO. 11863 OF 2014 [Arising out of SLP(C) No. 10936 of
2013]
CIVIL APPEAL NO. 11864 OF 2014 [Arising out of SLP(C) No. 10938 of
2013]
CIVIL APPEAL NO. 11866 OF 2014 [Arising out of SLP(C) No. 10939 of
2013]
CIVIL APPEAL NO. 11868 OF 2014 [Arising out of SLP(C) No. 10940 of
2013]
CIVIL APPEAL NO. 11870 OF 2014 [Arising out of SLP(C) No. 10941 of
2013]
CIVIL APPEAL NO. 11873 OF 2014 [Arising out of SLP(C) No.10942 of
2013]
CIVIL APPEAL NO. 11875 OF 2014 [Arising out of SLP(C) No. 10943 of
2013]
CIVIL APPEAL NO. 11876 OF 2014 [Arising out of SLP(C) No. 11068 of
2013]
CIVIL APPEAL NO. 11878 OF 2014 [Arising out of SLP(C) No. 11069 of
2013]
CIVIL APPEAL NO. 11879 OF 2014 [Arising out of SLP(C) No. 11072 of
2013]
CIVIL APPEAL NO. 11881 OF 2014 [Arising out of SLP(C) No. 13021 of
2013]
CIVIL APPEAL NO. 11883 OF 2014 [Arising out of SLP(C) No. 13023 of
2013]
CIVIL APPEAL NO. 11884 OF 2014 [Arising out of SLP(C) No. 14780 of
2013]
CIVIL APPEAL NO. 11885 OF 2014 [Arising out of SLP(C) No. 14782 of
2013]
CIVIL APPEAL NO. 11847 OF 2014 [Arising out of SLP(C) No. 15299
of 2013]
CIVIL APPEAL NO. 11849 OF 2014 [Arising out of SLP(C) No. 15300
of 2013]
CIVIL APPEAL NO. 11851 OF 2014 [Arising out of SLP(C) No. 15301
of 2013]
CIVIL APPEAL NO. 11852 OF 2014 [Arising out of SLP(C) No. 15302
of 2013]
CIVIL APPEAL NO. 11855 OF 2014 [Arising out of SLP(C) No. 15303
of 2013]
CIVIL APPEAL NO. 11856 OF 2014 [Arising out of SLP(C) No. 15305
of 2013]
CIVIL APPEAL NO. 11858 OF 2014 [Arising out of SLP(C) No.15307
of 2013]
CIVIL APPEAL NO. 11860 OF 2014 [Arising out of SLP(C) No. 15852
of 2013]
CIVIL APPEAL NO. 11862 OF 2014 [Arising out of SLP(C) No. 17618
of 2013]
CIVIL APPEAL NO. 11865 OF 2014 [Arising out of SLP(C) No. 18880
of 2013]
CIVIL APPEAL NO. 11867 OF 2014 [Arising out of SLP(C) No. 19469
of 2013]
CIVIL APPEAL NO. 11869 OF 2014 [Arising out of SLP(C) No. 20529
of 2013]
CIVIL APPEAL NO. 11872 OF 2014 [Arising out of SLP(C) No. 20830
of 2013]
CIVIL APPEAL NO. 11874 OF 2014 [Arising out of SLP(C) No. 21492
of 2013]
CIVIL APPEAL NO. 11877 OF 2014 [Arising out of SLP(C) No. 21554
of 2013]
CIVIL APPEAL NO. 11880 OF 2014 [Arising out of SLP(C) No.36124 CC
No. 3626 of 2014]
CIVIL APPEAL NO. 11882 OF 2014 [Arising out of SLP(C) No.8103
of 2014]
CIVIL APPEAL NO. 11886 OF 2014 [Arising out of SLP(C) No. 11704
of 2012]
J U D G M E N T
Jagdish Singh Khehar, J.
1. Leave granted.
2. All the private respondents in the present bunch of cases, were given
monetary benefits, which were in excess of their entitlement. These
benefits flowed to them, consequent upon a mistake committed by the
concerned competent authority, in determining the emoluments payable to
them. The mistake could have occurred on account of a variety of reasons;
including the grant of a status, which the concerned employee was not
entitled to; or payment of salary in a higher scale, than in consonance of
the right of the concerned employee; or because of a wrongful fixation of
salary of the employee, consequent upon the upward revision of pay-scales;
or for having been granted allowances, for which the concerned employee was
not authorized. The long and short of the matter is, that all the private
respondents were beneficiaries of a mistake committed by the employer, and
on account of the said unintentional mistake, employees were in receipt of
monetary benefits, beyond their due.
3. Another essential factual component in this bunch of cases is, that
the respondent-employees were not guilty of furnishing any incorrect
information, which had led the concerned competent authority, to commit the
mistake of making the higher payment to the employees. The payment of
higher dues to the private respondents, in all these cases, was not on
account of any misrepresentation made by them, nor was it on account of any
fraud committed by them. Any participation of the private respondents, in
the mistake committed by the employer, in extending the undeserved monetary
benefits to the respondent-employees, is totally ruled out. It would
therefore not be incorrect to record, that the private respondents, were as
innocent as their employers, in the wrongful determination of their
inflated emoluments.
4. The issue that we have been required to adjudicate is, whether all
the private respondents, against whom an order of recovery (of the excess
amount) has been made, should be exempted in law, from the reimbursement of
the same to the employer. For the applicability of the instant order, and
the conclusions recorded by us hereinafter, the ingredients depicted in the
foregoing two paragraphs are essentially indispensable.
5. Merely on account of the fact, that the release of these monetary
benefits was based on a mistaken belief at the hands of the employer, and
further, because the employees had no role in the determination of the
employer, could it be legally feasible, for the private respondents to
assert, that they should be exempted from refunding the excess amount
received by them? Insofar as the above issue is concerned, it is necessary
to keep in mind, that the following reference was made by a Division Bench
of two Judges of this Court, for consideration by a larger Bench:
"In view of an apparent difference of views expressed on the one hand
in Shyam Babu Verma and Ors. vs. Union of India & Ors. (1994) 2 SCC 521 and
Sahib Ram Verma vs. State of Haryana (1995) Supp. 1 SCC 18; and on the
other hand in Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand &
Ors. (2012) 8 SCC 417, we are of the view that the remaining special leave
petitions should be placed before a Bench of Three Judges. The
Registry is accordingly directed to place the file of the remaining special
leave petitions before the Hon'ble the Chief Justice of India for taking
instructions for the constitution of a Bench of three Judges, to
adjudicate upon the present controversy."
(emphasis is ours)
The aforesaid reference was answered by a Division Bench of three Judges on
8.7.2014. While disposing of the reference, the three-Judge Division
Bench, recorded the following observations in paragraph 7:
"7. In our considered view, the observations made by the Court not to
recover the excess amount paid to the appellant-therein were in exercise of
its extra-ordinary powers under Article 142 of the Constitution of India
which vest the power in this Court to pass equitable orders in the
ends of justice."
(emphasis is ours)
Having recorded the above observations, the reference was answered as
under:
"12. Therefore, in our opinion, the decisions of the Court based on
different scales of Article 136 and Article 142 of the Constitution of
India cannot be best weighed on the same grounds of reasoning and thus in
view of the aforesaid discussion, there is no conflict in the views
expressed in the first two judgments and the latter judgment.
13. In that view of the above, we are of the considered opinion that
reference was unnecessary. Therefore, without answering the reference, we
send back the matters to the Division Bench for its
appropriate disposal."
(emphasis is ours)
6. In view of the conclusions extracted hereinabove, it will be our
endeavour, to lay down the parameters of fact situations, wherein
employees, who are beneficiaries of wrongful monetary gains at the hands of
the employer, may not be compelled to refund the same. In our considered
view, the instant benefit cannot extend to an employee merely on account of
the fact, that he was not an accessory to the mistake committed by the
employer; or merely because the employee did not furnish any factually
incorrect information, on the basis whereof the employer committed the
mistake of paying the employee more than what was rightfully due to him; or
for that matter, merely because the excessive payment was made to the
employee, in absence of any fraud or misrepresentation at the behest of the
employee.
7. Having examined a number of judgments rendered by this Court, we are
of the view, that orders passed by the employer seeking recovery of
monetary benefits wrongly extended to employees, can only be interfered
with, in cases where such recovery would result in a hardship of a nature,
which would far outweigh, the equitable balance of the employer's right to
recover. In other words, interference would be called for, only in such
cases where, it would be iniquitous to recover the payment made. In order
to ascertain the parameters of the above consideration, and the test to be
applied, reference needs to be made to situations when this Court exempted
employees from such recovery, even in exercise of its jurisdiction under
Article 142 of the Constitution of India. Repeated exercise of such power,
"for doing complete justice in any cause" would establish that the recovery
being effected was iniquitous, and therefore, arbitrary. And accordingly,
the interference at the hands of this Court.
8. As between two parties, if a determination is rendered in favour of
the party, which is the weaker of the two, without any serious detriment to
the other (which is truly a welfare State), the issue resolved would be in
consonance with the concept of justice, which is assured to the citizens of
India, even in the preamble of the Constitution of India. The right to
recover being pursued by the employer, will have to be compared, with the
effect of the recovery on the concerned employee. If the effect of the
recovery from the concerned employee would be, more unfair, more wrongful,
more improper, and more unwarranted, than the corresponding right of the
employer to recover the amount, then it would be iniquitous and arbitrary,
to effect the recovery. In such a situation, the employee's right would
outbalance, and therefore eclipse, the right of the employer to recover.
9. The doctrine of equality is a dynamic and evolving concept having
many dimensions. The embodiment of the doctrine of equality, can be found
in Articles 14 to 18, contained in Part III of the Constitution of India,
dealing with "Fundamental Rights". These Articles of the Constitution,
besides assuring equality before the law and equal protection of the laws;
also disallow, discrimination with the object of achieving equality, in
matters of employment; abolish untouchability, to upgrade the social status
of an ostracized section of the society; and extinguish titles, to scale
down the status of a section of the society, with such appellations. The
embodiment of the doctrine of equality, can also be found in Articles 38,
39, 39A, 43 and 46 contained in Part IV of the Constitution of India,
dealing with the "Directive Principles of State Policy". These Articles of
the Constitution of India contain a mandate to the State requiring it to
assure a social order providing justice - social, economic and political,
by inter alia minimizing monetary inequalities, and by securing the right
to adequate means of livelihood, and by providing for adequate wages so as
to ensure, an appropriate standard of life, and by promoting economic
interests of the weaker sections.
10. In view of the afore-stated constitutional mandate, equity and good
conscience, in the matter of livelihood of the people of this country, has
to be the basis of all governmental actions. An action of the State,
ordering a recovery from an employee, would be in order, so long as it is
not rendered iniquitous to the extent, that the action of recovery would be
more unfair, more wrongful, more improper, and more unwarranted, than the
corresponding right of the employer, to recover the amount. Or in other
words, till such time as the recovery would have a harsh and arbitrary
effect on the employee, it would be permissible in law. Orders passed in
given situations repeatedly, even in exercise of the power vested in this
Court under Article 142 of the Constitution of India, will disclose the
parameters of the realm of an action of recovery (of an excess amount paid
to an employee) which would breach the obligations of the State, to
citizens of this country, and render the action arbitrary, and therefore,
violative of the mandate contained in Article 14 of the Constitution of
India.
11. For the above determination, we shall refer to some precedents of
this Court wherein the question of recovery of the excess amount paid to
employees, came up for consideration, and this Court disallowed the same.
These are situations, in which High Courts all over the country, repeatedly
and regularly set aside orders of recovery made on the expressed
parameters.
(i). Reference may first of all be made to the decision in Syed Abdul
Qadir v. State of Bihar, (2009) 3 SCC 475, wherein this Court recorded the
following observation in paragraph 58:
"58. The relief against recovery is granted by courts not because of any
right in the employees, but in equity, exercising judicial discretion to
relieve the employees from the hardship that will be caused if recovery is
ordered. But, if in a given case, it is proved that the employee had
knowledge that the payment received was in excess of what was due or
wrongly paid, or in cases where the error is detected or corrected within a
short time of wrong payment, the matter being in the realm of judicial
discretion, courts may, on the facts and circumstances of any particular
case, order for recovery of the amount paid in excess. See Sahib Ram v.
State of Haryana, 1995 Supp. (1) SCC 18, Shyam Babu Verma v. Union of
India, (1994) 2 SCC 521, Union of India v. M. Bhaskar, (1996) 4 SCC 416, V.
Ganga Ram v. Director, (1997) 6 SCC 139, Col. B.J. Akkara (Retd.) v. Govt.
of India, (2006) 11 SCC 709, Purshottam Lal Das v. State of Bihar, (2006)
11 SCC 492, Punjab National Bank v. Manjeet Singh, (2006) 8 SCC 647 and
Bihar SEB v. Bijay Bahadur, (2000) 10 SCC 99."
(emphasis is ours)
First and foremost, it is pertinent to note, that this Court in its
judgment in Syed Abdul Qadir's case (supra) recognized, that the issue of
recovery revolved on the action being iniquitous. Dealing with the subject
of the action being iniquitous, it was sought to be concluded, that when
the excess unauthorised payment is detected within a short period of time,
it would be open for the employer to recover the same. Conversely, if the
payment had been made for a long duration of time, it would be iniquitous
to make any recovery. Interference because an action is iniquitous, must
really be perceived as, interference because the action is arbitrary. All
arbitrary actions are truly, actions in violation of Article 14 of the
Constitution of India. The logic of the action in the instant situation,
is iniquitous, or arbitrary, or violative of Article 14 of the Constitution
of India, because it would be almost impossible for an employee to bear the
financial burden, of a refund of payment received wrongfully for a long
span of time. It is apparent, that a government employee is primarily
dependent on his wages, and if a deduction is to be made from his/her
wages, it should not be a deduction which would make it difficult for the
employee to provide for the needs of his family. Besides food, clothing
and shelter, an employee has to cater, not only to the education needs of
those dependent upon him, but also their medical requirements, and a
variety of sundry expenses. Based on the above consideration, we are of
the view, that if the mistake of making a wrongful payment is detected
within five years, it would be open to the employer to recover the same.
However, if the payment is made for a period in excess of five years, even
though it would be open to the employer to correct the mistake, it would be
extremely iniquitous and arbitrary to seek a refund of the payments
mistakenly made to the employee. In this context, reference may also be
made to the decision rendered by this Court in Shyam Babu Verma v. Union of
India (1994) 2 SCC 521, wherein this Court observed as under:
"11. Although we have held that the petitioners were entitled only to the
pay scale of Rs 330-480 in terms of the recommendations of the Third Pay
Commission w.e.f. January 1, 1973 and only after the period of 10 years,
they became entitled to the pay scale of Rs 330-560 but as they have
received the scale of Rs 330-560 since 1973 due to no fault of theirs and
that scale is being reduced in the year 1984 with effect from January 1,
1973, it shall only be just and proper not to recover any excess amount
which has already been paid to them. Accordingly, we direct that no steps
should be taken to recover or to adjust any excess amount paid to the
petitioners due to the fault of the respondents, the petitioners being in
no way responsible for the same."
(emphasis is ours)
It is apparent, that in Shyam Babu Verma's case (supra), the higher pay-
scale commenced to be paid erroneously in 1973. The same was sought to be
recovered in 1984, i.e., after a period of 11 years. In the aforesaid
circumstances, this Court felt that the recovery after several years of the
implementation of the pay-scale would not be just and proper. We therefore
hereby hold, recovery of excess payments discovered after five years would
be iniquitous and arbitrary, and as such, violative of Article 14 of the
Constitution of India.
(ii). Examining a similar proposition, this Court in Col. B.J. Akkara v.
Government of India, (2006) 11 SCC 709, observed as under:
"28. Such relief, restraining back recovery of excess payment, is granted
by courts not because of any right in the employees, but in equity, in
exercise of judicial discretion to relieve the employees from the hardship
that will be caused if recovery is implemented. A government servant,
particularly one in the lower rungs of service would spend whatever
emoluments he receives for the upkeep of his family. If he receives an
excess payment for a long period, he would spend it, genuinely believing
that he is entitled to it. As any subsequent action to recover the excess
payment will cause undue hardship to him, relief is granted in that behalf.
But where the employee had knowledge that the payment received was in
excess of what was due or wrongly paid, or where the error is detected or
corrected within a short time of wrong payment, courts will not grant
relief against recovery. The matter being in the realm of judicial
discretion, courts may on the facts and circumstances of any particular
case refuse to grant such relief against recovery."
(emphasis is ours)
A perusal of the aforesaid observations made by this Court in Col. B.J.
Akkara's case (supra) reveals a reiteration of the legal position recorded
in the earlier judgments rendered by this Court, inasmuch as, it was again
affirmed, that the right to recover would be sustainable so long as the
same was not iniquitous or arbitrary. In the observation extracted above,
this Court also recorded, that recovery from employees in lower rung of
service, would result in extreme hardship to them. The apparent
explanation for the aforesaid conclusion is, that employees in lower rung
of service would spend their entire earnings in the upkeep and welfare of
their family, and if such excess payment is allowed to be recovered from
them, it would cause them far more hardship, than the reciprocal gains to
the employer. We are therefore satisfied in concluding, that such recovery
from employees belonging to the lower rungs (i.e., Class-III and Class-IV -
sometimes denoted as Group 'C' and Group 'D') of service, should not be
subjected to the ordeal of any recovery, even though they were
beneficiaries of receiving higher emoluments, than were due to them. Such
recovery would be iniquitous and arbitrary and therefore would also breach
the mandate contained in Article 14 of the Constitution of India.
(iii). This Court in Syed Abdul Qadir v. State of Bihar (supra) held
as follows:
"59. Undoubtedly, the excess amount that has been paid to the appellant
teachers was not because of any misrepresentation or fraud on their part
and the appellants also had no knowledge that the amount that was being
paid to them was more than what they were entitled to. It would not be out
of place to mention here that the Finance Department had, in its counter-
affidavit, admitted that it was a bona fide mistake on their part. The
excess payment made was the result of wrong interpretation of the Rule that
was applicable to them, for which the appellants cannot be held
responsible. Rather, the whole confusion was because of inaction,
negligence and carelessness of the officials concerned of the Government of
Bihar. Learned counsel appearing on behalf of the appellant teachers
submitted that majority of the beneficiaries have either retired or are on
the verge of it. Keeping in view the peculiar facts and circumstances of
the case at hand and to avoid any hardship to the appellant teachers, we
are of the view that no recovery of the amount that has been paid in excess
to the appellant teachers should be made."
(emphasis is ours)
Premised on the legal proposition considered above, namely, whether on the
touchstone of equity and arbitrariness, the extract of the judgment
reproduced above, culls out yet another consideration, which would make the
process of recovery iniquitous and arbitrary. It is apparent from the
conclusions drawn in Syed Abdul Qadir's case (supra), that recovery of
excess payments, made from employees who have retired from service, or are
close to their retirement, would entail extremely harsh consequences
outweighing the monetary gains by the employer. It cannot be forgotten,
that a retired employee or an employee about to retire, is a class apart
from those who have sufficient service to their credit, before their
retirement. Needless to mention, that at retirement, an employee is past
his youth, his needs are far in excess of what they were when he was
younger. Despite that, his earnings have substantially dwindled (or would
substantially be reduced on his retirement). Keeping the aforesaid
circumstances in mind, we are satisfied that recovery would be iniquitous
and arbitrary, if it is sought to be made after the date of retirement, or
soon before retirement. A period within one year from the date of
superannuation, in our considered view, should be accepted as the period
during which the recovery should be treated as iniquitous. Therefore, it
would be justified to treat an order of recovery, on account of wrongful
payment made to an employee, as arbitrary, if the recovery is sought to be
made after the employee's retirement, or within one year of the date of his
retirement on superannuation.
(iv). Last of all, reference may be made to the decision in Sahib Ram Verma
v. Union of India, (1995) Supp. 1 SCC 18, wherein it was concluded as
under:
"4. Mr. Prem Malhotra, learned counsel for the appellant, contended that
the previous scale of Rs 220-550 to which the appellant was entitled became
Rs 700-1600 since the appellant had been granted that scale of pay in
relaxation of the educational qualification. The High Court was, therefore,
not right in dismissing the writ petition. We do not find any force in
this contention. It is seen that the Government in consultation with the
University Grants Commission had revised the pay scale of a Librarian
working in the colleges to Rs 700-1600 but they insisted upon the minimum
educational qualification of first or second class M.A., M.Sc., M.Com. plus
a first or second class B.Lib. Science or a Diploma in Library Science.
The relaxation given was only as regards obtaining first or second class in
the prescribed educational qualification but not relaxation in the
educational qualification itself.
5. Admittedly the appellant does not possess the required educational
qualifications. Under the circumstances the appellant would not be
entitled to the relaxation. The Principal erred in granting him the
relaxation. Since the date of relaxation the appellant had been paid his
salary on the revised scale. However, it is not on account of any
misrepresentation made by the appellant that the benefit of the higher pay
scale was given to him but by wrong construction made by the Principal for
which the appellant cannot be held to be at fault. Under the circumstances
the amount paid till date may not be recovered from the appellant. The
principle of equal pay for equal work would not apply to the scales
prescribed by the University Grants Commission. The appeal is allowed
partly without any order as to costs."
(emphasis is ours)
It would be pertinent to mention, that Librarians were equated with
Lecturers, for the grant of the pay scale of Rs.700-1600. The above pay
parity would extend to Librarians, subject to the condition that they
possessed the prescribed minimum educational qualification (first or second
class M.A., M.Sc., M.Com. plus a first or second class B.Lib. Science or a
Diploma in Library Science, the degree of M.Lib. Science being a
preferential qualification). For those Librarians appointed prior to
3.12.1972, the educational qualifications were relaxed. In Sahib Ram
Verma's case (supra), a mistake was committed by wrongly extending to the
appellants the revised pay scale, by relaxing the prescribed educational
qualifications, even though the concerned appellants were ineligible for
the same. The concerned appellants were held not eligible for the higher
scale, by applying the principle of "equal pay for equal work". This
Court, in the above circumstances, did not allow the recovery of the excess
payment. This was apparently done because this Court felt that the
employees were entitled to wages, for the post against which they had
discharged their duties. In the above view of the matter, we are of the
opinion, that it would be iniquitous and arbitrary for an employer to
require an employee to refund the wages of a higher post, against which he
had wrongfully been permitted to work, though he should have rightfully
been required to work against an inferior post.
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 of recovery.
(iii) Recovery from employees, when the excess payment has been made for a
period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to
discharge duties of a higher post, and has been paid accordingly, even
though he should have rightfully been required to work against an inferior
post.
(v) In any other case, where the Court arrives at the conclusion, that
recovery if made from the employee, would be iniquitous or harsh or
arbitrary to such an extent, as would far outweigh the equitable balance of
the employer's right to recover.
13. We are informed by the learned counsel representing the appellant-
State of Punjab, that all the cases in this bunch of appeals, would
undisputedly fall within the first four categories delineated hereinabove.
In the appeals referred to above, therefore, the impugned orders passed by
the High Court of Punjab and Haryana (quashing the order of recovery),
shall be deemed to have been upheld, for the reasons recorded above.
14. The appeals are disposed of in the above terms.
.......................................J.
(Jagdish Singh Khehar)
.......................................J.
(Arun Mishra)
New Delhi;
December 18, 2014.
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