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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Mahesh Dutt Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioner-Mahesh Dutt Sharma, a retiree, has come up before this Court, seeking the following reliefs:-
“i). That the respondents may kindly be directed to release the remaining amount of Rs. 3, 34, 709/- as leave encashment to the applicant alongwith upto date interest.
ii) That the respondents may also be directed to place the applicant in higher pay scale after completion of 16 years of service as executive officer under Assured Career Progression Scheme from due date i.e. 01.01.2014.
iii) That the respondent may also be directed to re-fix the pension of the applicant on the last basic pay plus allowances drawn by him.
iv) That the arrear re-fixation may kindly be released with interest from the date due.”
2. At the very outset, learned counsel for the petitioner states on Instructions that he does not presses the relief Nos. (iii) and (iv) for refixation of pay and the refixation of pension in the instant proceedings with liberty to pursue the same separately hereinafter.
[Statement Taken on Record].
FACTUAL MATRIX:-
3. Case set by Mr. Aditya Kaushal, Learned Counsel is that the petitioner joined service as Clerk in Notified Area Committee, Jawalamukhi [Kan
Recovery of leave encashment from retirees is impermissible without due process, including affording notice and an opportunity to defend against claims of wrongful payment.
Excess payments made to an employee due to erroneous calculations by the employer cannot be recovered from the employee's benefits unless specific legal conditions are met, protecting the employee's ....
Recovery of excess salary from Group-C employees post-retirement is impermissible without fraud or misrepresentation, as established in Rafiq Masih (2015) 4 SCC 334.
Three-tier pay structure excludes employees from ACP benefits; recovery of erroneous excess payments barred from Class-III employees, retirees, over five years without misrepresentation.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
An employee cannot seek to overturn a recovery from dues if they knowingly provided consent for the recovery and were involved in the pay fixation process.
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