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IN THE HIGH COURT AT CALCUTTA
Shampa Dutt (Paul), J.
Sri Dipankar Das & Ors. – Petitioners
Versus
The State of West Bengal & Ors. – Respondents
WPA 5675 of 2018
Decided On : 26-11-2025
| Table of Content |
|---|
| 1. writ petition for quashing salary orders. (Para 1 , 2 , 3 , 4) |
| 2. details on salary approval and recovery orders. (Para 5 , 6 , 7 , 8) |
| 3. cited judgments supporting the petitioners' claims. (Para 9 , 10 , 11 , 12) |
| 4. court's analysis on recovery of excess payments. (Para 14 , 15 , 16) |
| 5. principles governing recovery in employment disputes. (Para 17 , 18 , 19 , 20 , 21) |
| 6. specific application of recovery principles to the case. (Para 22 , 23 , 24) |
| 7. final orders quashing recovery directives. (Para 25 , 26 , 27 , 28 , 29 , 30) |
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 said Municipality, the petitioners are performing duties of Group "C" staffs. Board of Councillors of said Municipality took resolution on 28.06.2003 thereby considering financial liabilities, considered to pay Group -"C" scale of pay to the petitioners and wrote letter dated 12.08.2003 to the Directorate of Local Bodies (DLB), with request to move the government for sanction of scale of pay to the petitioners as per G.O. No. 15/C-9/MIN-3/89 dated20.04.1982.
4. The government kept silent about the matter without assigning any reason thereto. Pursuant to an order dated 28.06.2004 issued by the Joint Secretary to the Government of West Bengal, the Chairman of Tarakeswar Municipality by his order dated 28.08.2004 granted Group-"C" scale of pay to the petitioners with effect from 01.08.2004 without granting any arrears.
5. As said grant of Group "C" scale of pay was not yet approved by the government, the Chairman Tarakeswar Municipality wrote a letter dated 10.01.2013 (after more than 10 years) to the DLB, requesting for “by name” approval of the petitioners.
6. By letter dated 27.05.2013 the DLB directed recovery of excess drawl w.e.f. 13.08.2004 from the 12 employees (Including petitioners).
7. This order was neither given any effect, nor was it communicated to the petitioners, who also got incremental benefits. By an order dated 01.11.2017, the Chairman Tarakeswar Municipality withdrew the petitioner's Group-"C" scale and refixed it in earlier Group- "D" scale of pay and also directed that the excess drawn by the petitioner would be recovered by deduction from the salary of November, 2017.
8. At the time of filing the writ petition, petitioner No. 7 retired from service. Initially provisional pension was started and after recovery of impugned overdrawal, regular pension has been started.
9. The petitioners rely upon the following judgments:-
1) Syed Abdul Qadir & Ors. Vs. State of Bihar and Ors. ( (2009) 3 SCC 475) (para 59 to 61).
2) State of Punjab & Ors. -Vs- Rafiq Masih (White Washer) and Ors. ( (2015) 4 SCC 334 ) (para 14 to 18).
3) Jogeswar Sahoo & Ors. Vs- District Judge, Cuttack and Ors. (2025 SCC OnLine SC 724) (para-11).
10. The respondent Tarakeswar Municipality has filed their report in the form of affidavit wherei
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.
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