Back
TARUN CHATTERJEE, AFTAB ALAM
State of Bihar – Appellant
Versus
Pandey Jagdishwar Prasad – Respondent
Based on the provided legal document, the principle established is that if an employee has worked beyond their retirement date without any misrepresentation or fraud, the government or employer cannot recover salary paid for that period. The key factor is the absence of any misconduct or intent to deceive on the part of the employee. If the employee's extended period of work was not due to misrepresentation or fraud, then recovery of the salary for that period would be unjustified, especially when the employee was allowed to work and was paid without objection during that time (!) .
JUDGMENT TARUN CHATTERJEE,J.
1. Leave granted.
2. This appeal is directed against an order passed by a Division Bench of the High Court of Judicature at Patna, by which the respondent had questioned the legality and validity of an order dated 22nd of August, 2006 passed by a learned Judge of that Court, whereby the learned Judge had rejected the Writ Petition filed by the respondent.
3. The Writ Petition was filed by the respondent raising grievances against the order of the appellant dated 4th of December, 2004 directing recovery of the amount of salary for two years paid to the respondent on account of a dispute with regard to his date of birth despite the fact that the respondent had worked during that period. The appellant, by the order dated 4th of December, 2004, as noted herein earlier, directed recovery of the salary on the basis of that order, which was affirmed by a learned Judge of the High Court. Therefore, the only question that was raised before the Division Bench was whether the order passed by the State Authority dated 4th of December, 2004 and affirmed by the learned Judge was justified or not. The Division Bench, by the impugned order, had allowed the appeal and s
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
