101.wp.7387.26 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.7387 OF 2026 The Union of India and anr. VS Ashok Shahaji Hivrale ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Ms A.S. Athalye, Advocate for the petitioners. CORAM : ANIL S. KILOR AND R AJNISH R. VYAS , JJ. DATE : 21 .09.2026 Heard learned Counsel for the petitioners. 2. The challenge is to the order dated 06/04/2026 passed in Original Application No.468/2025 by the Central Administrative Tribunal, Mumbai Bench, Camp at Nagpur. The petitioners were original respondents before the Tribunal. 3. Learned Counsel for the petitioners has argued that after the voluntary retirement of the respondent on 30/11/2022, amount of Rs.1,94,557/- was recovered from his settlement dues. According to her, the petitioners relied upon the communication dated 22/04/2025 in which it was stated that the respondent was absent from the duty from January, 2018 and was on Extra Ordinary Leave. She submits that her case is based upon the fact that although the respondent was not entitled to the said benefit, it was granted to him. 4. On being questioned, she fairly submits that there 2026:BHC-NAG:12488-DB 101.wp.7387.26 2/3 was no fraud or misrepresentation made by the respondent for obtaining the said amount. 5. With the help of the learned Counsel for the petitioners, we have gone through the record of the case. 6. The Tribunal has at length dealt with the aspect of recovery from the respondent. The Tribunal has taken into consideration the law laid down by the Hon’ble Apex Court in the case of State of Punjab and ors. Vs. Rafiq Masih (White Washter) in Civil Appeal No.11527 of 2014 decided on 18/12/2014, and observed as under: “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 101.wp.7387.26 3/3 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.” 7. The aforesaid observation clearly reveals that there was absolutely no reason for the petitioners to order the enquiry, as it was not the petitioners’ case that the respondent made any fraudulent representation or supplied incorrect information and thereafter, obtained the benefit. 8. The observation made by the Tribunal in para 10 of the order impugned that the respondents (present petitioners) have admitted in their reply that overpayment was inadvertently made due to complex payroll process, also shows that the petitioner was not at fault. It is undisputed that respondent was Group ‘C’ employee. 9. Since, we could not find any perversity or jurisdictional error in order impugned, we are not inclined to entertain the present petition and it is, accordingly, dismissed. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) *Divya Signed by: Mrs. Divya Baldwa Designation: PA To Honourable Judge Date: 21/09/2026 19:38:33