Case Note & Summary
The petitioner, Siraj Farooqui, was appointed as a Junior Clerk in 1997 and promoted to Senior Clerk on 29.07.2022. He superannuated on 31.07.2025. After retirement, while processing his service book, the respondents issued an order dated 11.12.2025 directing recovery of Rs.4,45,731/- on account of non-passing of MS-CIT exam from 01.01.2008 to 05.07.2017, and also recovery of Rs.10/- for excess pay fixation from 01.07.2006 to 01.07.2019. The petitioner challenged these recovery orders by filing a writ petition under Article 226 of the Constitution of India. The court considered the legality of recovery from a retired employee for non-passing of a computer course. The court held that such recovery after retirement, without any prior notice or opportunity to the petitioner, is arbitrary and cannot be sustained. The court quashed and set aside the impugned orders dated 11.12.2025 and 13.02.2026, and directed the respondents to release the recovered amount of Rs.4,45,731/- with interest at the rate of 6% per annum from the date of recovery till payment, and also to release all retirement benefits including commutation of pension, leave encashment, and DCRG with interest at the same rate from the date they were due till actual payment.
Headnote
A) Service Law - Recovery from Retired Employee - Non-Passing of MS-CIT Exam - Recovery of Rs.4,45,731/- from petitioner after retirement for not passing MS-CIT exam from 2008 to 2017 - Court held that recovery after retirement without any prior notice or opportunity is arbitrary and unsustainable - Held that the impugned orders are quashed and set aside (Paras 1-5).
Issue of Consideration
Whether recovery of amount from a retired employee on account of non-passing of MS-CIT exam is permissible under law
Final Decision
The court quashed and set aside the impugned orders dated 11.12.2025 and 13.02.2026. Directed respondents to release the recovered amount of Rs.4,45,731/- with interest at 6% per annum from the date of recovery till payment, and to release all retirement benefits including commutation of pension, leave encashment, and DCRG with interest at 6% per annum from the date they were due till actual payment.
Law Points
- Recovery from retired employee for non-passing of MS-CIT exam is impermissible
- Recovery after retirement without prior notice or opportunity is arbitrary
- Article 226 of Constitution of India can be invoked against arbitrary recovery orders
