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TASHI RABSTAN, PUNEET GUPTA
UT of J&K – Appellant
Versus
Muzammal Shah – Respondent
JUDGEMENT :
Tashi Rabstan, J.
1. Present writ petition has been filed by the petitioners under Article 226 read with Article 227 of the Constitution of India against the order dated 28.04.2021 passed by the Central Administrative Tribunal, Jammu Bench, Jammu in T.A. No. 1580/2020 clubbed with O.A. No. 668/2021 whereby the Tribunal has inter alia directed that the petitioners herein shall not recover the amount already paid, in the form of higher scales of pay, and in case, any component was recovered, the same shall be refunded without interest within a period of three months from the date of receipt of a copy of this order.
2. Relief prayed for in this writ petition is as:
3. The facts of the case in nutshell are:
That the respondents herein were initially engaged in the department on daily rated basis and th
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.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Where court arrives at conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of employer's righ....
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 employees must consider the impact on individuals, particularly retirees, and may be deemed iniquitous if it leads to hardship.
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