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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
KISHORE C.SANT, SUSHIL M.GHODESWAR
Shridhar S/o Baburao Gambhire – Appellant
Versus
Chief Executive Officer, Zilla Parishad, Osmannabad – Respondent
| Table of Content |
|---|
| 1. writ petition challenges post-retirement pay recovery order. (Para 1 , 2 , 3) |
| 2. service history disputes pay scale fixation and qualifications. (Para 4 , 5 , 6) |
| 3. parties argue recoverability citing sc excess pay precedents. (Para 7 , 8 , 9) |
| 4. recovery impermissible from retirees absent fraud (rafiq masih). (Para 10 , 11) |
| 5. quash recovery; permit prospective pension refixation only. (Para 12 , 13) |
JUDGMENT :
SUSHIL M. GHODESWAR, J.
1. Heard.
2. By this petition filed under Article 226 of the Constitution of India, the petitioner, who is a retired employee, is praying for quashing and setting aside the order dated 08.06.2007 passed by respondent No.1/Chief Executive Officer, Zilla Parishad, Osmanabad. Vide the impugned order, respondent No.1 had directed recovery of excess payment made to the petitioner.
3. While issuing notice on 29.08.2007, this Court granted interim relief in terms of prayer clause D whereby, the respondents were restrained from recovering alleged excess payment already made to the petitioner during his service period. The said interim relief has been continued from time to time. On 01.10.2008, Rule was issued in this petition.
4. It is the case of t
Recovery of excess payments impermissible from retired employees absent fraud or misrepresentation, especially near retirement and over long service; pension re-fixation allowed prospectively without....
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.
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.
The main legal point established in the judgment is that no recovery can be made from an employee if the excess payment was not due to any fault on the employee's part, as determined by various legal....
The court ruled against arbitrary recovery of excess salary, emphasizing protections for employees and the necessity for compliance with procedural justice.
Recovery of excess payment is impermissible under law if it was not paid on account of misrepresentation or fraud, and if the excess payment was made by the employer with the knowledge that it was ad....
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