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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Paramesh Sarma, S/o Late Satish Ch. Sarma – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. challenge against recovery due to overpayment (Para 2 , 9 , 10) |
| 2. challenge to recovery based on supreme court precedents. (Para 3) |
| 3. petitioner's employment and payment history (Para 4 , 5 , 6 , 8) |
| 4. respondents' claims of overpayment and lack of fraud (Para 11 , 12 , 13) |
| 5. supreme court rulings on recovery limits (Para 14 , 15) |
| 6. court's decision against recovery and order for repayment (Para 16 , 17 , 18) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. R. Sarma, the learned counsel appearing on behalf of the petitioner. Mr. T. R. Gogoi, the learned Government Advocate appears on behalf of the respondent No.1; Mr. H. K. Das, the learned counsel appears on behalf of the respondent No.2; Mr. B. Chakraborty, the learned counsel appears on behalf of the respondent Nos.3 & 4 and Mr. A. Chaliha, the learned counsel appears on behalf of the respondent No.5.
2. The petitioner herein has approached this Court challenging the recovery of an amount of Rs.1,83,583/- from the petitioner and submitted that the said recovery so made from the petitioner was contrary to the law laid down by the Supreme Court in the case of State of Punjab and Others vs. Rafiq Masih (White Washer) and Othe
Recovery of excess payments from retired employees without misrepresentation or fraud is impermissible, emphasizing protection for Class III employees facing undue hardship.
Any amount paid/received without the authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on....
Recoveries from retired employees due to employer's pay fixation errors are impermissible, and coercion negates voluntary consent.
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....
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