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IN THE HIGH COURT AT CALCUTTA
Shampa Dutt (Paul)
Dipankar Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred praying for direction upon the respondents to show cause as to why the Memo No. 663/DLB/Verification 1/2002 (pt-1) dated 27-05-2013 issued by Director of Local Bodies, West Bengal as well as Order No. Adm/1E-2017/123/641 dated 01-11-2017 issued by the Chairman, Tarakeswar Municipality shall not be quashed and /or set-aside for the ends of justice.
2. It is further prayed that the respondents be directed to approve the petitioners service in Group - "C" Post in the scale of pay Rs. 3350/- - 6325/-(erstwhile Rs. 300/- 685/-) which they were enjoying since August, 2003 to October, 2017 and have further prayed for direction that the respondents should not give effect to the Memo No. 663/DLB/Verification-1/2002 (pt-1) dated 27- 05-2013 issued by Director of Local Bodies, West Bengal as well as Order No. Adm/1E-2017/123/641 dated 01-11-2017 issued by the Chairman, Tarakeswar Municipality.
3. The petitioners’ case herein is that they were appointed as Rent Collectors (Group-D") at Tarakeswar Municipality in 1994. Subsequently due to retirement of several Group-"C" staffs, and as per order passed by the Chairman of sa
Recovery of excess payments from employees is prohibited if it causes undue hardship, especially for lower-ranked workers or retirees, reaffirming rights under Article 14.
The court emphasized that recovery of excess payments from Group-D employees is impermissible, and actions taken without due process violate principles of natural justice.
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.
Excess payments made to employees without fault or misrepresentation cannot be recovered, especially after significant time has elapsed.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
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.
Point of Law : Relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that wi....
Recovery of excess payments from Group-C employees is impermissible after five years, ensuring equitable treatment in employment matters.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
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