The Allahabad High Court has stayed the order of District Basic Education Officer Meerut to recover salary from Shiksha Mitra after 17 years.
A Single Bench of Justice Prakash Padia passed this order while hearing a petition filed by Smt Nimisha Tiwari.
The petitioner has preferred the petition with the prayer to quash the order of recovery dated 02.02.2024 passed by the respondent No 2/District Basic Education Officer, Meerut by which a direction was issued to initiate recovery after expiry of about 17 years.
It is argued by Devesh Vikram, counsel for the respondent Nos.2 & 3 that since the department was not aware regarding the facts on the basis of which recovery is sought against the petitioner, a decision has been taken to recover the aforesaid amount.
In response to the same, counsel for the petitioner placed reliance upon the judgement & order dated 02.05.2022 passed by the Supreme Court in the case of Thomas Daniel Vs State of Kerala and others.
In response to the same, it is argued by Devesh Vikram, counsel for the respondent Nos 2 & 3 that the facts of the Thomas Daniel (supra) case will not apply in the case as in the aforesaid case, the petitioner was already retired and the order of recovery of excess amount was passed while in the case the petitioner is in service.
The Court observed that,
From perusal of the record, it transpires that earlier the services of the petitioner was terminated by the Secretary, Committee of Management, Uccha Prathmik Vidhyalay Krishnapuri Nagar Chetra Meerut vide its order dated 31.12.2022. Aggrieved against the aforesaid order, the petitioner has preferred Writ. In the said writ petition, interim order was granted on 20.03.2023 by a co-ordinate Bench in favour of the petitioner and the aforesaid order is continuing even today.
During the pendency of the aforesaid writ petition, a decision has been taken to recover the amount received by the petitioner about 17 years back.
The Apex Court in State of Punjab and others Vs Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 332, has held that recovery from the employee would be impermissible in law.
The Court further observed that the matter requires consideration.
The Court has granted four weeks time to file counter affidavit for the respondent No 4 and two weeks time to file Rejoinder affidavit.
Until further orders of the Court, effect and operation of the order dated 02.02.2024 passed by the respondent No 2/District Basic Education Officer, Meerut shall remain stayed”, the Court ordered.