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MANISH CHOUDHURY
Jharna Patgiri W/o- Late Dulal Chandra Patgiri – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. J. Payeng, learned counsel for the petitioner; Mr. D. Bora, learned Junior Government Advocate, Assam for the respondent nos. 1 – 4; Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent nos. 5 & 8; and Mr. S.K. Medhi, learned Standing Counsel, Principal Accountant General [A&E], Assam for the respondent nos. 6 & 7.
2. The petitioner herein is the wife of Late Dulal Chandra Patgiri, who served in the Assam Police. The petitioner’s husband, who retired from service as a Constable on superannuation, died on 25.06.2022 after retirement. After retirement and before his death, Dulal Chandra Patgiri submitted all the relevant documents before the employer for processing and finalizing his retiral benefits including monthly pension. After submission of those documents, the respondent no. 4 passed an Order vide Memo no. RA/DBB/Pen/2021/712 dated 09.03.2021 stating that as per Service Book of Dulal Chandra Patgiri, his date of birth was written as 13.02.1961. The Order further mentioned that when the employee, Dulal Chandra Patgiri was asked to submit a copy of his HSLC Admit Card for correction of his date of birth, the employee submitted his HS
Recovery of excess payments made without employee fault is impermissible, especially if it causes hardship.
Recovery of excess salary from a retired employee is impermissible when no fraud is established, and the employee worked without objection for an extended period.
Recovery of salary for overstay is impermissible where no fraud is established, and the employee was allowed to work without objection from the employer.
Recovery of excess payments is impermissible if it causes undue hardship, especially when no fraud is involved.
The petitioner's silence regarding the wrong date of birth did not amount to fraud, and the recovery of salary for the period of overstay was interfered with.
Recovery from the salaries for the period of overstay was unjustified due to the petitioners' good faith service and the authorities' failure to detect discrepancies in their dates of birth.
Service - Retirement benefits - Not entitled for - Petitioner appears to be not bona-fide and a wrong doer cannot claim the privilege of his own wrongful conduct and it will be wholly unjustified one....
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