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2023 (8) TMI 345 - MADRAS HIGH COURTGrant of Selection Grade cancelled - recovery order on the ground that the earlier service rendered in Khadi Board is not eligible service for awarding Selection Grade and Special Grade in the Government department - HELD THAT:- Admittedly, the petitioner was appointed as Khadi Assistant Grade-III in Khadi Board and thereafter, the petitioner found as excess staff in Khadi Board, thereby totally she was absorbed in other Government department. While she was working in the respondent department, she was awarded with Selection Grade and Special Grade on completion of 10 years and 20 years service, respectively. That the incentive increment sought to be recovered subsequently, on the ground that the service rendered in the Khadi Board, is not eligible to get benefits in the respondent department, thereby, the present recovery order was passed. Though there is no violation of principles of natural justice, the present recovery order is passed after hearing the petitioner. Similar issue came up for consideration before the Hon'ble Apex Court in State of Punjab and others Vs. Rafik Masih [2014 (12) TMI 1415 - SUPREME COURT], wherein, the Apex Court held that in the absence of any misrepresentation, if any benefits granted to the clause 3 and 4 employees cannot be sought to be recovered subsequently, at a later point of time. The Recovery proceedings, initiated by the respondents is not sustainable, and accordingly, the present impugned order is quashed - Petition allowed.
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