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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Motilal Rabidas, S/o. Late Dhya Rabidas – Appellant
Versus
State of Assam, Rep By The Commissioner And Secretary Judicial Deptt. – Respondent
| Table of Content |
|---|
| 1. introduction of procedural facts and statement of grievances. (Para 1 , 2 , 3 , 4) |
| 2. ineffectiveness of representation once disciplinary proceedings are concluded. (Para 5) |
| 3. factual background regarding salary overpayment and recovery mechanisms. (Para 6 , 7) |
| 4. debated arguments on recovery legitimacy vs. employee hardship and equity. (Para 8 , 9) |
| 5. application of rafiq masih regarding recovery from class-iv employees. (Para 10 , 11 , 12 , 13) |
| 6. final order directing cessation of future recovery installments. (Para 14) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Ms. S. B. Choudhury, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the Respondent No.1. I have also heard Mr. T. J. Mahanta, the learned Senior counsel assisted by Ms. P. Sarma, the learned counsel appearing on behalf of the Respondent Nos. 3 and 4.
2. The Petitioner herein who is a Grade-IV employee in the Office of the District and Sessions Judge, Hailakandi has approached this Court by filing the present writ petition by raising two issues. First, the non-consideration of the representation dated 13.12.2016 and
Recovery of excess salary payments from lower-grade employees is impermissible when it causes undue hardship, particularly for those nearing retirement or when the overpayment occurred more than five....
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 from employees without their fault violates principles of equity and fairness, especially when recovery occurs post-retirement and after a significant period.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
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