S. N. PATHAK
James Xess – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
1. Heard the parties.
2. The petitioner has approached this Court for quashing of the letter dated 24.04.2019 (Annexure-6) issued by the Accountant General, whereby and whereunder, the respondents have passed the order of recovery from the pension of the petitioner and the same is being deducted per month regularly on the ground that fixation of pension of the petitioner has wrongly been done in excess. Consequent thereto, for a direction upon the respondents to refund the deducted amount.
3. The case of the petitioner lies in a narrow compass. The petitioner was working as an Assistant Teacher in the R.C. Primary School, Saindih, Sikirya Tanr, Simdega. The petitioner was initially appointed to the post of Assistant Teacher against the sanctioned post by the Managing Committee of the School vide letter dated 22.01.1985 and joined on 31.01.1985, which was accepted by the District Superintendent of Education of the then Gumla District. The said school is a recognized Minority School, approved by the State Government. After appointment, the petitioner was working diligently and to the utmost satisfaction of the respondents and there was no complaints whatsoever
Recovering excess payments from retirees without misrepresentation violates principles of natural justice.
Recoveries from retired Class-III employees post-payment are impermissible under established judicial principles.
Recovery from the employee is impermissible if it is not due to the fault of the employee but due to the incorrect calculation by the employer.
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