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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Y. Prakasa Rao S/o Y. Makanna – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. writ petition initiated for pension release. (Para 1 , 2 , 3 , 3) |
| 2. arguments presented by both parties regarding pension benefits. (Para 4) |
| 3. court observes previous cases impacting recovery policies. (Para 5 , 6 , 7) |
| 4. directions issued for timely release of pension benefits. (Para 8) |
ORDER :
2. The facts leading to filing of the present Writ Petition are as follows:
4. Learned counsel for the Petitioner Sri M. Srikanth narrated the contentions raised in the writ affidavit. Learned Assistant Government Pleader for Services-IV appearing for Respondent Nos.1 to 4 would submit that necessary steps are being taken to make payment to the Petitioner after deducting the recovery amount of excess payment made to the Petitioner. Learned Standing Counsel Sri G. Srinivasula Reddy appearing for Respondent No.5 submits that the proposals were sent to Respondent No.4 and their role ends at that point of time.
“18. It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, 9 based on the decisions referred to hereinabo
Recovery of excess pension payments is impermissible under certain conditions, particularly for retired employees.
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
Recovering excess payments from retirees without misrepresentation violates principles of natural justice.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recoveries from retired employees due to employer's pay fixation errors are impermissible, and coercion negates voluntary consent.
Recovery of excess amount without fault of recipient is impermissible, especially from retired employees or those due to retire.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
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