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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM , NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Kamaleswar Rajbonshi S/o Late Madan Rajbonshi – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Mr.J.K. Goswami, learned Addl. Senior Govt. Advocate, Assam for respondent Nos. 1, 4, 5, 6, 7, 8, 9 and 10 and Mr. B. Chakaraborty, learned standing counsel, Accountant General, for respondent No. 2. None appears for the respondent Nos. 3 and 11.
2. By filing this writ petition, the petitioner has challenged the impugned letter dated 01.03.2023, issued by the Sr. Accounts Officer (A&E), Assam, whereby, an amount of Rs. 20,91,958/-(Rupees Twenty Lakh Ninety One Thousand Nine Hundred and Fifty Eight only) is sought to be recovered from the petitioner for the period from 30.04.2014 to 28.02.2017 of the pay and allowances of the petitioner and other actions of respondent authorities in seeking recovery of the pay and allowances from the arrear and future relief from the petitioner on account of over stay in service.
3. Briefly put, the case of the petitioner is that he was initially appointed as Dispatch Rider in Assam Police Radio Organization (APRO) on 16.11.1979. Accordingly, he joined his service as Dispatch Rider and submitted his HSLC passed certificate before the concerned authority as pr
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.
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 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.
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 made without employee fault is impermissible, especially if it causes hardship.
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.
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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