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PURNENDU SINGH
Rupa Prasad wife of Sri Hari Moha – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Heard Mr. Jitendra Singh, learned Senior Counsel appearing on behalf of petitioners, Ms. Nivedita Nirwikar, learned Senior Counsel appearing on behalf of Accountant General, Bihar and Mr. Sarvesh Kumar Singh, learned AAG-15 appearing for the State.
2. Petitioners who are total 11 in numbers have prayed, interalia, for following relief(s):
(ii) For issuance of writ of certiorari for quashing the Notification contained in Memo No. 1237 dated 10.10.2018 issued by the Education Department Govt. of Bihar whereby and where under;-
i. Earlier issued notification no. 877 dated 01.07.2016 which was not approved by the Finance Department was annulled
ii. Earlier Notification No. 697 dated 26.05.2016 was modified
iii. and also direction was made that in lieu of the aforesaid modification if any excess payment was made to any working employee/retired employee then that will be recovered from the salary/pension in the monthly installments.
3. The facts of the case in brief are that the petitioners are retired teachers from Government Girls College at Gardanibagh & Gulzarbagh at Patna. A
The recovery of excess payment made to pensioners after retirement would be impermissible if it would be iniquitous, harsh, or arbitrary. Additionally, a circular issued by an officer of the State mo....
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
The court emphasized that recovery of excess payments from Group-D employees is impermissible, and actions taken without due process violate principles of natural justice.
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....
(1) Recovery – Any decision taken by State Government to reduce an employee’s pay scale and recover excess amount cannot be applied retrospectively and that too after a long time gap.(2) Any step of ....
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....
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 from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
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