Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Arvind Kumar, Son of Siyasharan Prasad – Appellant
Versus
State of Bihar, through the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner seeks recovery of retiral benefits. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments against recovery based on supreme court precedent. (Para 11 , 12 , 13) |
| 3. state's justification for recovery from retirement benefits. (Para 14 , 15 , 16) |
| 4. court's analysis of recovery legality and precedent. (Para 17 , 18 , 19 , 20) |
| 5. court quashes recovery orders and directs payment. (Para 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
Harish Kumar, J.
Heard Mr. Rajesh Kumar, learned Advocate for the petitioner and Mr. Sudhanshu Bhushan, learned AC to GP-7.
2. The petitioner, who superannuated on 31.01.2021 from the post of Assistant Engineer, Irrigation Division, Birpur, Supaul has invoked the jurisdiction of this Court seeking a direction upon the respondents to ensure payment of all his retiral benefits, including, gratuity, unutilized earned leave and arrears of pension with interest on the basis of last pay slip issued by the Finance (Personal Claim Fixation Cell) Department (hereinafter referred to as “the PCFC”) dated 18.01.2021. The petitioner also sought a direction not to recover the differential amount of pay, which has been earlier paid under the 2nd Modified Assured Career Prog
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Recovery of excess salary from Group-C employees post-retirement is impermissible without fraud or misrepresentation, as established in Rafiq Masih (2015) 4 SCC 334.
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 pay from retired Group 'D' employee due to departmental error in MACP grant is impermissible without notice; refund directed, but lower pay fixation upheld as mistake rectifiable.
Recovery of excess pay from retiring employee impermissible if no fraud or misrepresentation, per Rafiq Masih guidelines.
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
