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MOHIT KUMAR SHAH
Ashok Kumar – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the letter No. 7382/Admin dated 17.12.2021, issued by the Director, Indira Gandhi Institute of Medical Sciences, Patna (herein after referred to as the “IGIMS”) whereby and whereunder a sum of Rs. 44,57,951/- has been ordered to be recovered from 18 Employees, including the petitioners herein, of IGIMS, Patna, in monthly instalments of up to 50%.
2. At the outset, the learned counsel for the petitioners has limited his prayer to restraining the respondents from making any recovery from the petitioners, on the head of excess salary paid to them on account of upgradation of pay-scale upon redesignation of the posts from LDC to UDC and simultaneously, grant of the due benefits of Assured Career Progression/Modified Assured Career Progression scheme (herein after referred to as the “ACP/MACP scheme”). It is also prayed that in case recovery has already been made, the respondent authorities be directed to refund the same.
3. The learned counsel for the petitioners has further submitted that the respondents have issued the order of recovery on the presumption that the petitioners have wrongly been granted the bene
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Where court arrives at conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of employer's righ....
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
Recovery/adjustment cannot be made if there is no misrepresentation or fraud on the part of the employee, and the court should consider the hardship caused to the employee, especially in the case of ....
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