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Judgment
M.S. Ramachandra Rao, CJ
The issue raised in this CWPOA is covered by the judgment of Hon’ble Supreme Court in State of Punjab and others Versus Rafiq Masih (White Washer) and others(2015) 4 SCC 334.
Since the petitioner is a Class-III employee and since in the said judgment, Hon’ble Supreme Court has held that there cannot be any recovery if the employee is not responsible for the overpayment made to him by the employer, no recovery can be made from him.
Similar view has been taken by this Court in the order dt. 26.07.2023 passed in CWP no.3226 of 2016 (The State of H.P. & others Versus Balkrishan) and order dt. 27.07.2023 in CWPOA no.5078 of 2020 (Shri Govind Ram Versus State of Himachal Pradesh and others).
Accordingly, only to the extent prayer (a), quashing Annexures A-3 and A-4, the CWPOA is allowed. Other prayers are rejected, since the petitioner is not entitled to the same.
The CWPOA is disposed of in the above terms, so also the pending miscellaneous application(s), if any.