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HARISH KUMAR
Mosmat Laxmi Devi, W/o. Late Ramesh Chandra Jha – Appellant
Versus
State of Bihar through the Principal Secretary, Higher Education Department, Government of Bihar, Patna – Respondent
JUDGMENT :
Heard Mr. Kripanand Jha, learned counsel for the petitioner, Mr. Tej Bahadur Singh, learned senior counsel, duly assisted by Mr. Nagendra Kumar Singh, for the Kameshwar Singh Darbhanga Sanskrit University and Mr. Madhaw Prasad Yadav, learned GP-23 for the State.
2. The present writ application has been filed for the following reliefs :
(ii) For holding and declaring that the similar benefits allowed and paid to a similarly situated employees cannot be withheld to other employees, similarly situated, and thus the respondents are under bounden duty to pay the same to this petitioner immediately and forthwith in view of the mandate of Bihar State Litigation Policy.
(iii) For any other relief/reliefs to which the petitioner may be found entitled to, in the facts and circumstances of the
Recovery of excess payment without fault of the recipient, after superannuation, is impermissible in law.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
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