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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Kardak Ete
Trailokya Baruah S/o Late Dino Ram Baruah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. B.D. Das, learned Senior Counsel assisted by Mr. J. Lotha, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Standing Counsel for the Health Department as well as Mr. R.K. Talukdar, learned Standing Counsel appearing on behalf of the Principal Accountant General (A&E), Assam.
2. By filing this Writ Petition, the petitioner prays for a direction to the respondent authorities to pay the pension and other retireal benefits such as gratuity, GPF, etc. without any deduction of pay and allowances for the period from 01.06.2020 to 31.08.2022, on account of overstay in the service. Petitioner also challenges the action of the respondent authorities in seeking recovery of an amount of Rs.23,31,514/- (Rupees twenty three lakh thirty one thousand five hundred fourteen) only.
3. The case, in brief, is that the petitioner was appointed as the Pharmacist in the Manja Primary Health Centre, in Karbi Anglong District on 10.10.1984 on temporary basis. The service of the petitioner was confirmed w.e.f 10.10.1984, vide order dated 12.09.1988. The Service Book of the petitioner was prepared by the authority at his initial place of posting, after submi
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 excess payments is impermissible if it causes undue hardship, especially when no fraud is involved.
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 from pensionary benefits is impermissible when the employee has rendered service during the overstayed period without prior notice of the excess payments to be recovered.
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.
Recovery of excess payments made without employee fault is impermissible, especially if it causes hardship.
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 of excess payments from pension dues post-retirement is impermissible without misrepresentation or fraud causing undue hardship.
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