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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Sukhamay Dey, S/o. Shri Sukesh Ranjan Dey – Appellant
Versus
State Of Assam, Rep. By The Secy. To The Govt. Of Assam, Judicial Department, Assam Secretariat – Respondent
JUDGMENT :
(DEVASHIS BARUAH, J.)
Heard Mr. P.D. Nair, the learned counsel appearing on behalf of the petitioner. Mr. T.R. Gogoi, the learned Government Advocate who appears on behalf of the respondent Nos. 1, 3 and 6; Mr. H.K. Das, the learned Standing Counsel who appears on behalf of the respondent Nos. 2, 4 and 8; Mr. R. Borpujari, the learned Standing Counsel who appears on behalf of the respondent No. 5 and Mr. R.K. Talukdar, the learned Standing Counsel who appears on behalf of the respondent No. 7.
2. The issue involved in the instant proceedings is, as to whether, the action on the part of the Respondent Authorities to take steps for recovery of an amount of Rs. 10,72,086/- from the salary of the petitioner on the basis of a communication dated 01.08.2014 and another communication dated 27.10.2014 are in accordance with law. The petitioner herein also assails an order dated 12.12.2014 issued by the Registrar General of the Gauhati High Court whereby the representation of the petitioner dated 06.08.2014 was rejected. The petitioner further by way of the instant writ petition has sought for a writ in the nature of mandamus that the petitioner is entitled to fixation of his salary
Recovery of excess salary can be enforced against an employee if they knowingly received double benefits under different pay structures, despite it being a result of erroneous pay fixation.
Recovery of excess payments from Class-III employees is impermissible without evidence of fraud or misrepresentation, emphasizing adherence to natural justice principles.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Recovery of excess salary payments from retired employees is impermissible, especially when they had no role in the erroneous fixation, as established by the Supreme Court.
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
The court established that the petitioners were entitled to the higher pay scale as per the Government Resolutions and that the recovery initiated by the respondents was unjust, illegal, and arbitrar....
Recovery of excess payments made to employees is impermissible where no fault exists on the employee's part and payments have spanned over five years, protecting livelihood rights.
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