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HARISH KUMAR
Lakshmi Choudhary – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—Heard Mr. Suneil Kumar Thakur, learned counsel for the petitioner, Mr. Sanjay Prasad, learned AC to AAG-4, for the State and Mrs. Ritika Rani, learned counsel for the Accountant General, Bihar, Patna.
2. The present writ application has been filed for the following reliefs:—
“(A) For issuance of a writ in the nature of Certiorari for quashing of the office order as contained in Memo No. Pen-8-Sa-646 dated 18.07.2012 issued by and under the signature of the Assistant Accounts Officer, whereby and whereunder the pensionary benefit of the petitioner has been disposed of by fixing the payable salary after withholding one of the two A.C.Ps. granted to him earlier.
(B) For issuance of a consequential writ in the nature of Mandamus commanding and directing the respondent authorities to redetermine the payable salary of the petitioner i.e. the very basis of the pension fixation after granting / adding the withheld one of the two A.C.Ps., granted to him earlier and thereby to make payment of the differential amount in respect thereof, payable to the petitioner as also for making payment of the amount, what was deducted from the pensionary benefit of the petitioner on account o
Review petition dismissed due to inordinate delay and laches; no ACPS benefits for Group A posts with feeder grades.
Recovery of excess payments from employees in Class-III and Class-IV services is impermissible, especially when the excess has been enjoyed for over five years.
Recovery of excess payments from retired employees, particularly those in Class III and IV service, is impermissible under law, especially when no fraud or misrepresentation has occurred.
Recovery of excess payments from Group-C employees is impermissible if the excess payment was made for over five years, as established in prior judgments.
Recovery of excess payments from employees in Group-C service is impermissible after five years, emphasizing fairness and justice in employment matters.
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.
Three-tier pay structure excludes employees from ACP benefits; recovery of erroneous excess payments barred from Class-III employees, retirees, over five years without misrepresentation.
The main legal point established is that financial benefits given without misrepresentation or fraud are not liable to be recovered, and any order passed in violation of the principles of natural jus....
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