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PURNENDU SINGH
Pramod Kumar Sinha Son of Thakur Rabindra Singh – Appellant
Versus
Union of India through Secretary, Ministry of Home Affairs, North Block, New Delhi – Respondent
JUDGMENT :
Heard Mr. Gajendra Pratap Singh, learned counsel appearing on behalf of the petitioner and Mr. (Dr.) Krishna Nandan Singh, learned ASGI along with Mrs. Punam Kumari Singh, learned CGC and Mr. Amarjeet, learned JC to ASGI for the respondents.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
ii. Issue appropriate Writ(s) and Order(s) in the nature of Certiorari to quash the order/communication contained in Letter No.2798 dated 08.12.2023 (Annexure P-2), Letter No.RPAO/CISF/MHA/RAN/PENII/23-24/218, dated 12.10.2023 (Annexure P-3), Letter No.8422,
Recovery of excess payments from Class-III employees is impermissible without misrepresentation, emphasizing the employer's responsibility for errors.
The court ruled that recoveries from Group-C employees nearing retirement are impermissible, reaffirming protections established in Rafiq Masih.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
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.
The court established that recovery of excess payments from retired employees, particularly from lower service classes, is impermissible if it results in undue hardship, reinforcing the principles of....
Recovery of excess payments from employees without their fault violates principles of equity and fairness, especially when recovery occurs post-retirement and after a significant period.
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