01Facts
The petitioner, a Second Division Assistant, joined SECAB Arts and Science College for Women on 10 July 1990.
pp. 6–8Although his appointment was approved on 1 July 1992, the authorities in 1995 revised his recorded date of joining to 10 July 1990.
pp. 6–8On retirement on 31 May 2023, his pension was initially fixed using that date.
pp. 6–8The authorities later refixed it using 1 July 1992, alleged an excess payment of ₹8,38,317, and withheld his Death-cum-Retirement Gratuity (DCRG) and Commuted Value of Pension (CVP).
pp. 6–8The petitioner challenged the refixation and withholding orders, contending that he had neither misrepresented facts nor played any part in the original pension fixation.
pp. 3–502Issues
i.1. Whether the authorities could refix the petitioner’s pension by disregarding the 1995 order recognizing 10 July 1990 as his date of joining, without first modifying that order or giving him an opportunity to be heard.
pp. 8–9ii.2. Whether the authorities could recover the alleged excess pension payment by withholding the petitioner’s DCRG and CVP after his retirement, where the payment was not procured through misrepresentation.
pp. 9–1103Law Applied
In State of Punjab v. Rafiq Masih (White Washer), (2015) 4 SCC 334, the Supreme Court identified circumstances in which recovery of excess payments is impermissible, including recovery from retired employees and cases where recovery would be inequitable or harsh.
p. 10The Court also referred to Thomas Daniel v. State of Kerala, Civil Appeal No. 7115/2010, decided 2 May 2022, as considering the principles in Rafiq Masih.
p. 11The Court further held that withholding retirement benefits in these circumstances violated Article 300A of the Constitution.
p. 1104Reasoning
The petitioner had no role in the original pension calculation, and the alleged excess was not shown to have resulted from his misrepresentation.
pp. 8–9Further, the 1995 order revising his date of joining to 10 July 1990 had attained finality.
pp. 8–9The authorities nevertheless refixed his pension using the 1992 approval date without modifying that order or giving him an opportunity to be heard.
pp. 8–9Because the petitioner had retired, the proposed recovery fell within the protections recognized in Rafiq Masih.
pp. 10–11The Court therefore found that withholding his DCRG and CVP was contrary to law, arbitrary, and violative of Article 300A.
pp. 10–1105Holding
The Court allowed the petition and set aside the orders dated 11 September 2023, 16 January 2024, and 8 August 2024.
p. 12It issued a mandamus directing Respondent No. 4 to release the petitioner’s withheld DCRG and CVP immediately.
p. 12Original Court PDF
F M MULLAvsSTATE OF KARNATAKA AND ORS
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