Shimla, Mar 24
Himachal Pradesh High Court today passed a 37 paged order regarding disposal of 57 clubbed recovery petitions of employees stating that each petition would be decided on the merit of cases separately. A division bench of Justice Tarlok Singh Chauhan and justice Chander Bhushan Barowalia passed the order here today The court said that it would be clear that no inflexible rules regarding the recovery could be culled out and each case would have to be decided on its merit keeping in view the broad guidelines. Now the court fixed all these cases for hearing before the Division bench on April 18, 2022. The Court held that petitioners are either serving, retired government servants or their successors and since the recovery has been ordered to be effected from them or their predecessors, they have approached this Court for quashing of such recoveries. ”When these cases were taken up for hearing, the parties were ad idem that before proceeding to decide each case individually, the Court should lay down certain broad guidelines under which recoveries by the employer(s) would be permissible or impermissible in law,” the order said
