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SANJAY PRASAD
Binod Kumar Chandra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This writ petition has been filed on behalf of the petitioner for the following reliefs:-
(b) For issuance of a writ in the nature of certiorari for quashing of all consequential orders taken through office
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
Recovery of excess payment from employees must adhere to principles of natural justice and cannot be made after an unreasonable delay, especially for Class-3 employees.
The court emphasized that recovery of excess payments from Group-D employees is impermissible, and actions taken without due process violate principles of natural justice.
(1) Recovery – Any decision taken by State Government to reduce an employee’s pay scale and recover excess amount cannot be applied retrospectively and that too after a long time gap.(2) Any step of ....
Recovery of excess payments from Class-III employees is impermissible without evidence of fraud or misrepresentation, emphasizing adherence to natural justice principles.
Recovery of excess payments from employees is prohibited if it causes undue hardship, especially for lower-ranked workers or retirees, reaffirming rights under Article 14.
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.
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.
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