Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Bihari Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, Judge
Petitioner, Bihari Lal, having served as Rigman [Class-III] and retired as Driller had filed an Original Application No. 2276 of 2018 before Learned State Administrative Tribunal; and upon abolition of the Tribunal, the matter came to be transferred to this Court, as CWPOA No. 4320 of 2020, seeking the following reliefs: -
(i) That the impugned action of the respondents by illegally taking FDR of Rs.1,50,000/- in lieu of release of retiral benefit of the applicant may be declared as null and void;
(ii) That the respondents may kindly be directed to release the FDR of Rs.1,50,000/- in lieu of release of retiral benefit of the applicant which has wrongly and illegally been taken by the respondent along with interest.
FACTUAL MATRIX:
2. Case as set up by Learned Counsel is that petitioner was appointed as Rigman [Class-III] and upon joining service on 08.05.1981 though permanent headquarter of the petitioner was fixed in Geology Wing of Industries Department at Shimla but the Respondents posted/deployed the petitioner at various places for carrying out geological operations and ancillary work from time to time. Petitioner was lastly deployed at Karla in Tehsi
Recovery of leave encashment from retirees is impermissible without due process, including affording notice and an opportunity to defend against claims of wrongful payment.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
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 of excess pay from Class VI retiree's gratuity/leave encashment impermissible if due to departmental error over 5+ years, no fraud by employee, beyond 24-month regulatory limit, causing hard....
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
Retired employees of Class-IV are protected against recovery of overpayments not due to their fault; withholding retirement benefits without just cause is impermissible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
