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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Sanjay Kumar Medhi
Arabinda Dutta, S/O Late Manik Dutta – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Govt. Of Assam, Education (Elementary) Department – Respondent
| Table of Content |
|---|
| 1. challenge to pension recovery process (Para 1 , 2) |
| 2. petitioner's argument against recovery rationale (Para 4 , 5 , 6) |
| 3. respondents' stance and legal framework (Para 7 , 8 , 9 , 10) |
| 4. court's ruling against recovery (Para 11) |
| 5. final resolution of the petition (Para 12 , 13) |
JUDGMENT :
Sanjay Kumar Medhi, J.
1. The instant petition has been filed under Article 226 of the Constitution of India challenging inter-alia the action of the respondent authorities in purporting to make recovery from the pensionary benefits of the petitioner the amount which was allegedly overdrawn by the petitioner while in service.
2. As per the facts projected, the petitioner was serving as Assistant Teacher in the 1126 No. Adalbari Sripur L.P. School, Baksa and he had retired from service on 30.03.2016. While the process of finalizing the pension was on, an objection was raised that the petitioner was allowed to draw regular scale of pay from the date of his joining, i.e., 01.10.1999 instead of the date of passing his basic training i.e., 05.03.2004. Accordingly, a statement has been prepared of overdrawal of an amount of Rs.3,79,610/- (Rupees Three Lakh Seventy Nine Thousand Six Hundred
The court ruled that recovery of overdrawn amounts from pensionary benefits is impermissible under specific circumstances, including in cases involving retired employees.
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 of excess payments from retired employees without misrepresentation or fraud is impermissible, emphasizing protection for Class III employees facing undue hardship.
The court established that recoveries from employees due to erroneous overpayments are impermissible under certain conditions, emphasizing the need for equitable treatment.
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