THE DIRECTOR GENERAL ALL INDIA RADIO AND ORS vs AKASHVANI AND DOORDARSHAN ADMINISTRATIVE STAFF ASSOCIATION THROUGH ITS VERSUS GENERAL SECRETARY AND ORS

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17590/2024, CM APPLs. 74846/2024 & 74847/2024 THE DIRECTOR GENERAL ALL INDIA RADIO AND ORS .....Petitioners Through: Ms. Vertika Sharma, Adv. versus AKASHVANI AND DOORDARSHAN ADMINISTRATIVE STAFF ASSOCIATION THROUGH ITS VERSUS GENERAL SECRETARY AND ORS .....Respondents Through: Mr. Prakhar Bhatnagar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 08.01.2025 C. HARI SHANKAR, J 1. Aggrieved by the refixation and of their pay retrospectively and recoveries being made on that account, the respondents approached the Central Administrative Tribunal1 by way of OA 261/20162. 2. Before the Tribunal, the respondents, at the very outset, submitted that they were restricting their relief to the aspect of recovery and that they had resigned themselves to the aspect of refixation. 1 “Tribunal” hereinafter 2 Akashwani & Doordarsan Administrative Staff Association (Recognized) v UOI Signature Not Verified Digitally Signed By:AJIT W.P.(C) 17590/2024 Page 1 of 8 KUMAR Signing Date:09.01.2025 21:40:50 3. Before the Tribunal, qua the recoveries, the respondents relied on the well-known decision of the Supreme Court in State of Punjab v Rafiq Masih3, para 6 of which sets out certain circumstances in which no recovery of excess payments could be made from government employees. The petitioners, per contra, relied on the subsequent judgment of the Supreme Court in Jagdev Singh v High Court of Punjab and Haryana4 in which the High Court carved out an exception to the proscription against recoveries as contained circumstance (ii) envisaged in the Rafiq Masih judgment in a case in which, at the time when the pay was refixed, the employee concerned either submitted an undertaking to repay th