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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Jayashree S, W/o. Shivanada – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Heard the learned counsel Sri. Rajashekhar Burji appearing for the petitioners, learned AGA and learned counsels Sri. K.L. Patil and Sri. Iranagouda K. Kabbur representing respondents.
2. The petitioners are before this Court seeking the following reliefs:
“a) Quash the Order dated 08.05.2025 issued by the 5th Respondent bearing No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 40, No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 30, No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 36, No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 155, No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 167, No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 99, No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 157, No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 169, No.Ka.Vi.Vi / Ha.Vi / Vetana / 2024-25 / 51, produced at Annexure – L to L8, respectively.
b) Consequently Direct the Respondent No.4 and 5 to reimburse / repay the amount deducted from the salary of the Petitioners respectively.
c) Pass such other order or direction, this Hon’ble Court deems fit in the circumstance of the case.”
3. The petitioners are in the cadre of Professors in respondent No.4 University. The issue in the lis does not relate to th
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
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.
Point of Law : Relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that wi....
Recovery of excess payments from employees without their fault violates principles of equity and fairness, especially when recovery occurs post-retirement and after a significant period.
Recovery of excess payments from employees must consider the impact on individuals, particularly retirees, and may be deemed iniquitous if it leads to hardship.
Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on....
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
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