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HARISH KUMAR
Ram Lakhan Singh – Appellant
Versus
Union of India – Respondent
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 ta 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
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.
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
Recovery from retired employees is impermissible unless an undertaking was provided prior to retirement, and pay re-fixation cannot occur after a long time gap.
Recovery of excess payments made to employees is impermissible where no fault exists on the employee's part and payments have spanned over five years, protecting livelihood rights.
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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