Ut of Jammu and Kashmir and Ors v. Kaku Ram

ORDER(ORAL)

14.10.2025

Sanjeev Kumar 'J'

¶1Notice sent to the respondent through registered post on 22.05.2025 has not been received back served or un-served. Statutory period is over.

¶2Since nobody has turned up to cause appearance on behalf of the respondent, as such, he is set ex-parte.

¶3This petition, under Article 226 of the Constitution of India, filed by the Union Territory of J&K & Ors., is directed against an order and Serial No. 41

judgment dated 20.06.2024 passed by the Central Administrative Tribunal, Jammu Bench at Jammu ["the Tribunal"] in O.A. No. 1578/2021 titled Kaku Ram Vs. UT of J&K & Ors. whereby the Tribunal, has, while allowing the O.A., issued the following directions:

(i) The impugned order of recovery qua the applicants is quashed and set aside and the respondents are directed not to recover any amount from the salary or pensionary benefits of the applicants.

(ii) The amount recovered from the salary/pensionary benefits of the applicants, shall be refunded preferably within two months from the date of receipt of a certified copy of this order.

¶4The issue raised in this petition by the UT of J&K is squarely covered by the judgment of Hon'ble Supreme Court in the case of State of Punjab and Ors. Vs. Rafiq Masih (White Washer); (2015) 4 SCC

¶334The salary paid on account of erroneous fixation cannot be recovered from a lower rung employee, that too, after his superannuation.

¶5We have gone through the O.A. filed by the respondent before the Tribunal and clearly found that the respondent has not disputed that the benefit, which was given to him by the petitioners, was under a mistake of fact and if that be the position, the error, if any, committed by the employer, was liable to be corrected at any stage. The entire

petition, which was filed before the Tribunal, was premised on the law laid down by the Hon'ble Supreme Court in Rafiq Masih's case (supra) and a prayer was made to issue a mandamus to the petitioners herein not to recover the amount paid erroneously under a wrong fixation of the salary.

¶6The plea has been accepted by the Tribunal and the petitioners have been called upon not to recover any amount which has been received by the respondent on account of an error of wrong fixation of salary committed by the petitioners.

¶7Ms. Monika Kohli, learned Senior AAG could not demonstrate as to how despite clear legal position enunciated in Rafiq Masih's case, the petitioners can be permitted to recover the amount from the retiral benefits of the respondent, more particularly, when the mistake on account of which extra amount was paid is not attributable to the respondent.

¶8This petition is, therefore, without any merit and is, accordingly, dismissed.

(Sanjay Parihar) (Sanjeev Kumar)

Judge

Judge

Jammu

14.10.2025 Vishal Sharma

Whether the order is reportable:

Whether the order is speaking:

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU 1. UT of J&K, through Additional Chief Secretary to Govt. Jal Shakti Deptt., Civil Secretariat at present at Srinagar/Jammu. 2. Chief Engineer, Jal Shakti (PHE) Deptt. J&K, Jammu. 3. The Executive Engineer, Jal Shakti (Public Health Engineering Mech. Division, Udhampur). Pronounced on:- 14.10.2025 Uploaded on:- 16.10.2025 …..Appellant(s)/Petitioner(s) Through: Ms. Monika Kohli, Sr. AAG vs Kaku Ram, S/o Sh. Jagan Nath R/o Village Thie Kheri Sulghar, Tehsil and District Udhampur- 182124 Mobile No. 7006241905. .…. Respondent(s) Through: CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE