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.

JUDGMENT :

Harish Kumar, J.

Heard Mr. Ram Chandra Singh, learned Advocate for the petitioner and Mr. Maurya Vijay Chandra, learned Sr. CGC along with Dr. Priya Gupta, learned Advocates for the Union of India.

2. The petitioner superannuated on 30.11.2018 from the post of Sub-Inspector, Security Control, Railway Protection, Danapur, Eastern Central Railway has invoked the prerogative writ jurisdiction of this Court under Article 226 of the Constitution of India seeking following reliefs:

(I) This Hon'ble High Court may be graciously pleased to direct the respondents - authority to make payment of entire retrial benefits with consequential effects that the petitioner immediately after superannuation date 30. 11. 2018 on the last basic pay Rs. 50500/-, whenever by virtue of Annexure -P/5 dated 06.12.2018 passed by Senior Divisional Finance Manager, East Central Railway, Danapur, the basic pension of the petitioner has been illegally fixed of Rs. 24500/- on the last 17th month back of superannuation i.e. 01.07.2017 of basic Pay of Rs. 4900/- resultantly, Petitioner is suffering from recurring financial loss and injuries. Therefore the impugned Annexure - P / 4 passed by the concerned respondent may be also set aside in the interest of Justice.

(II) This Hon'ble High Court may further be pleased to direct the respondents - authorities to pay full Leave Encashment of total 300/= days, whenever by virtue of Annexure - P/ 5 dated 06.12.2018, only leave Encashment for 266/= days and Half Leave Encashment for 34 days have paid to the Petitioner.

(III) This Hon'ble High Court may be pleased to issue direction to the respondents- authorities to pay entire retrial benefit with appropriate interest with the date of after immediate superannuation.

(IV) Any other reliefs may be allowed for which petitioner may duly entitled in accordance with law.

3. The issue raised before this Court lies in a narrow compass, based upon the relevant/necessary facts, which are reproduced hereunder:

4. The petitioner on being found eligible for the post of constable, having gone through the due process of selection, appointed as a constable in Railway Protection Force on 06.03.1978. After serving so may places, the petitioner was promoted from Constable to Head Constable on his due admitted pay scale and transferred on 28.08.1995 from Carshed RPF, Sonarpur under Sealdah Division to Asansol Division (Eastern Railway). Serving on different places, on the aforenoted post, he was again promoted to the Rank of Assistant Sub Inspector on 08.01.2005 and posted to Quarter Master Cell, Head Quarter Hajipur with effect from 08.01.2005. Again he was transferred from R.P.F. post, Patna to C & T Company, Danapur on 20.04.2014 and further promoted to the rank of Sub Inspector on 01.04.2017. While working on the aforenoted post, he was further transferred to Security Control, RPF, Danapur on 26.03.2018 and finally superannuated on 30.11.2018.

5. Learned Advocate for the petitioner contended that on the date of superannuation, the petitioner had been drawing his basic salary amounting to Rs.50,500/-. The pension paper and the necessary documents have been submitted, but surprisingly the pension of the petitioner has been fixed on the basic pay of Rs.49,000/-, which he was getting 17 months prior to the date of his superannuation i.e. on 01.07.2017, causing serious financial loss and prejudice. During the service period and even before the date of his superannuation, at no point of time, the petitioner was served with any notice to show-cause that he has ever been allowed higher salary than admissible to him, but all of a sudden, after superannuation, the last pay drawn by the petitioner to the tune of Rs.50,500/- has been reduced to Rs.49,000/- and, accordingly, fixed the basic pension of the petitioner at Rs.24,500/-. The petitioner has also been denied the full amount of leave encashment for total 300 days and in fact, the petitioner has been paid the amount of leave encashment for