Back
ALOK KUMAR SINHA
Sumitra Devi – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Sinha, J.—Heard learned counsel appearing for the petitioners, learned counsel appearing for the respondent State and learned appearing for the respondent Accountant General.
2. The petitioners in the present writ application have prayed for the grant of following relief(s):—
“(i) To quash the letter no 82 dated 16.05.2017 (Annexure-1) issued under the signature of Respondent no 7 whereby and whereunder petitioner has been directed to ensure deposit of Rs 8,33,537-00 in the State Bank of India, Purnea Branch, which was paid to him by way of increment during the period 1.4.1981 to 31.8.2012 without passing of Hindi Noting and Drafting examination Aforesaid order is bad in law as well as on facts, because same has been issued in complete violation of principle of natural justice, that too after superannuation of the petitioner. Aforesaid order is further bad in law because there was/ is no misrepresentation of facts on the part of the petitioner in getting the increments.
(ii) To direct the respondents to fix the pensionary benefit of the petitioner on the basis of last pay drawn by him and make payment all consequential monetary benefits along with interest thereon because t
Recoveries from retired Class-III employees post-payment are impermissible under established judicial principles.
Recovery of excess payments from the widow of a Class-III employee post-mortem is impermissible under law, reaffirming the principle established in Rafiq Masih case.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Recovering excess payments from retirees without misrepresentation violates principles of natural justice.
Recovery of excess pension from retired employees is permissible if an undertaking authorizing such recovery was provided by the employee.
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.
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
