18 December 2014
Supreme Court
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STATE OF PUNJAB Vs RAFIQ MASIH (WHITE WASHER)

Bench: JAGDISH SINGH KHEHAR,ARUN MISHRA
Case number: C.A. No.-011527-011527 / 2014
Diary number: 6387 / 2012
Advocates: JAGJIT SINGH CHHABRA Vs RESPONDENT-IN-PERSON


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“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]

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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]

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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]

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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]

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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

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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  

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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:

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"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)

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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  

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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;  

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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  

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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.  

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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  

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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  

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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  

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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)

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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  

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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  

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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  

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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  

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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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