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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, CHALLA GUNARANJAN
Commissioner of Police, Vijayawada – Appellant
Versus
P.M. Babji – Respondent
| Table of Content |
|---|
| 1. background of the applicant's service and resignation. (Para 2 , 4 , 5) |
| 2. tribunal's decision regarding pension fixation and od recovery. (Para 7 , 8) |
| 3. arguments from petitioners about pay fixation. (Para 9 , 10) |
| 4. criteria for recovery based on misrepresentation and equity. (Para 13 , 27) |
| 5. legal precedents on recovery of excess payments. (Para 14 , 19 , 21 , 22 , 23) |
| 6. court's analysis on consent for recovery. (Para 29 , 34) |
| 7. final ruling against recovery of excess payment. (Para 35 , 36) |
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri R.S. Manidhar Pingali, learned Assistant Government Pleader for Services, for the petitioners and Sri B. Rajesh Kumar, learned counsel for the respondent, appearing through virtual mode.
2. The respondent - P.M. Babji was the applicant in O.A.No.2401 of 2017 before the Andhra Pradesh Administrative Tribunal, Hyderabad (in short ‘the Tribunal’). The petitioners were the respondents therein.
3. The respondent herein shall be referred to as the ‘applicant’ and the petitioners as ‘petitioners’.
4. The applicant joined in service as Police Constable on 13.07.1984. He submitted his resignation which was accepted with effect from 08.11.1994 b
Excess payments made due to erroneous salary fixation cannot be recovered from an employee if based on mistake without fraud; recovery post-retirement within a year is inequitable.
Excess payments made to employees without fault or misrepresentation cannot be recovered, especially after significant time has elapsed.
Recovery of excess pay impermissible if employee retires within one year of order or excess paid over five years, absent fraud.
Recovery of excess payments made to employees is impermissible where no fault exists on the employee's part and payments have spanned over five years, protecting livelihood rights.
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