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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
BUDI HABUNG
Jahindra Brahma, S/o Late Dandaram Brahma – Appellant
Versus
State Of Assam Through The Additional Chief Secretary To The Government Of Assam, Environment And Forest Department – Respondent
| Table of Content |
|---|
| 1. factual history regarding retirement and disputed gratuity recovery. (Para 2 , 3 , 4 , 5 , 6) |
| 2. parties' conflicting contentions regarding recovery of erroneous government overpayments. (Para 7 , 8 , 10 , 11) |
| 3. unauthorized recoveries from retirees without fraud are impermissible and inequitable. (Para 12 , 13 , 14 , 15 , 16) |
| 4. mandate for refund of recovered gratuity with specified enforcement timelines. (Para 17 , 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
BUDI HABUNG, J.
Heard Mr. A. K. Hussain, learned counsel for the petitioner. Also heard Mr. R. R. Gogoi, learned Standing Counsel, Forest for the respondent Nos. 1 & 4; Mr. A. Baruah, learned Standing Counsel, AG for the respondent No. 3; and Mr. A. Chaliha, learned Standing Counsel, Finance for the respondent No.6.
2. The present writ petition raises a short but important question regarding the legality of recovery of alleged excess payment of gratuity from the pensionary benefits of a retired employee.
3. The brief facts of the case is that the petitioner was appointed as Forest Range Officer on 02.05.1976. He retired from the service on 30.10.2011 as Assistant Conservator of Forests (ACF).
4. Initially, by an order date
Recovery of excess payments from employees is impermissible when no fault or misrepresentation is established on their part.
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
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 of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
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