Back
ARVIND SINGH CHANDEL
Kamlesh Prasad – Appellant
Versus
State of Bihar – Respondent
Arvind Singh Chandel, J.—The challenge in the present writ petition is to the order (Annexure P3) dated 04.08.2023 issued by the District Programme Officer (Establishment), Nalanda whereby and whereunder the money worth Rs 2,17,738/- has been adjusted from the retiral benefits of the petitioner.
2. The facts of the case are that the petitioner was appointed as Clerk on compassionate ground in the office of the District Superintendent of Education, Nalanda on 28.12.1990. After completion of stipulated period, he received the benefit of first, second and third MACP in the year 2002, 2014 and 2021 respectively. He retired from the post of Clerk on 30.06.2023 from the office of the District Education Officer, Nalanda and, accordingly, his pension was verified from the office of the Accountant General (A & E), Bihar, Patna. Thereafter, the District Programme Officer (Establishment), Nalanda issued Letter No 2879 dated 04.08.2023 (Annexure P3) and instructed the Treasury Officer, Nalanda to adjust the amount of Rs 2,17,738/- from the retiral dues of the petitioner as it was given due to wrong pay fixation in favour of the petitioner. Hence, this petition has been filed.
3. The learned coun
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
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.
The petitioner's undertaking at the time of payment bound him to refund any excess payment detected later, even after retirement.
Recovery from retired employees, or employees who are due to retire within one year of the order of recovery, is impermissible in law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
