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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
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 the petitioner that he was initially appointed as an Assistant Teacher on 06.08.1971 and he was continued till 28.04.1972. However, he was discontinued from 29.04.1972 to 07.08.1972. Thereafter, the petitioner was re-appointed on the same post vide order dated 31.07.1972 and accordingly, he joined on 07.08.1972. The petitioner completed his graduation in B.A. in June, 1973 with prior permission of the Education Offic
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....
Recovery of excess payment from employees must adhere to principles of natural justice and cannot be made after an unreasonable delay, especially for Class-3 employees.
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