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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Biyola Baruah, Wife Of Mr. Sri Maheswar Saikia – Appellant
Versus
Union Of India Represented Through The Secretary, To The Government Of India, Ministry Of Health And Family Welfare – Respondent
| Table of Content |
|---|
| 1. petitioner's salary fixation issues. (Para 1 , 2 , 3) |
| 2. judicial precedents on salary recovery. (Para 4 , 5) |
| 3. limitations on recovery in employment. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. past rulings impacting current case. (Para 12) |
| 5. final judgment on salary recovery. (Para 13) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Ms N. Dey, the learned counsel appearing on behalf of the petitioner. Mr. A. K. Dutta, the learned counsel appears on behalf of the respondents Nos.1, 2 & 3.
2. The present writ petition has been filed challenging the Office Order dated 25.06.2021 as well as the Office Order dated 19.01.2022 and further seeking certain directions for pay fixation of the petitioner at Rs.13,860/-.
3. The grievance of the petitioner is that in view of the wrong fixation of pay made by the authorities since 01.01.2006, the petitioner was apparently given a higher salary than her entitlement which the petitioner was not aware of. However, the respondents issued the impugned Office Order dated 25.06.2021, wherein a decision had been taken to recover Rs.20,000/- from the monthly salary of the petitioner which would eventually offset the excess salary received by the petitioner. Acco
Recovery of excess salary from employees in Class-III service is impermissible if no fraud occurred and payment was based on wrong fixation, aligning with principles of equity.
Point of Law : Recovery of excess salary amount paid - It is not possible to postulate all situations of hardship, where payments have mistakenly been made by the employer, yet in the following situa....
Recovery of excess pay from Group C/D employees impermissible after 5 years without fraud, per Rafiq Masih, regardless of later re-classification.
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
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.
Recovery of excess payments made beyond 5 years is impermissible; relief granted only for payments beyond the statutory five-year period.
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