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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Vijay Bishnoi, CJ., N. Unni Krishnan Nair
Surendra Nath Dihingia, S/O- Bongshidhar Dihingia – Appellant
Versus
State Of Assam Rep. By The Commissioner And Secretary To The Govt. Of Assam, Department Of Power – Respondent
| Table of Content |
|---|
| 1. factual background concerning the impact of the financial up-gradation scheme. (Para 2 , 3 , 5) |
| 2. contentions raised by appellants regarding financial benefits and pay fixation. (Para 12 , 13) |
| 3. court's reasoning behind disallowing recovery of overpaid amounts. (Para 21 , 26) |
| 4. final orders regarding financial up-gradations and pension implications. (Para 30 , 34) |
JUDGMENT :
N. Unni Krishnan Nair. J.
Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. B. Purkayastha, learned counsel appearing for the appellants in both the writ appeals. Also heard Mr. P. N. Goswami, learned Advocate General appearing for the State of Assam along with Mr. S. P. Sharma, learned counsel appearing for the respondents in both the writ appeals.
2. The above noted Intra Court Appeals having been so instituted assailing a common Judgment and Order dated 05.11.2024, passed by the learned Single Judge in WP(C) No. 7109/2021, WP(C) No. 128/2022 and WP(C) No. 6901/2021, the writ appeals have been taken up together for hearing analogously and are being disposed of vide the present order.
3. The appellants, in both the writ appeals, were initially appointed as Meter Readers (Grade-II)
Employees cannot be penalized for erroneous financial upgrades awarded without their fault; recovery of overpayments is impermissible in equity.
Review petition dismissed due to inordinate delay and laches; no ACPS benefits for Group A posts with feeder grades.
Recovery of excess payments is permissible when employees are aware of overpayment and accept conditions of pay fixation.
Recovery of excess pay impermissible if employee retires within one year of order or excess paid over five years, absent fraud.
Employees who have received sufficient promotions and financial upgradations are not entitled to additional benefits under the Modified Assured Career Progression Scheme.
The court ruled that recovery of excess payments, if made after significant time lapses, is impermissible under the law, emphasizing financial upgradation rights under the MACP scheme.
Recovery of excess pay from retired Group 'D' employee due to departmental error in MACP grant is impermissible without notice; refund directed, but lower pay fixation upheld as mistake rectifiable.
Recovery of excess pay from retiring employee impermissible if no fraud or misrepresentation, per Rafiq Masih guidelines.
The unilateral withdrawal of financial benefits without due process violates principles of natural justice, necessitating communication of adverse ACR entries to the employee.
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