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RAJESH SHANKAR
Dilip Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The present writ petition has been filed for quashing Office Order No. 197/2016 passed by the respondent no. 3 the Principal District & Sessions Judge, Civil Court, Dhanbad, a copy of which has been communicated to the petitioner and other concerned authorities vide memo no. 1579-1582-G dated 21.04.2016 (Annexure-7 of the writ petition) issued under the signature of the respondent no. 4 the Registrar, Civil Court, Dhanbad, whereby a sum of Rs.2,82,337/- has been ordered to be recovered from the leave encashment amount of the petitioner stating that he has drawn excess salary of Rs.2,82,337/- during the period from 15.11.2000 till his date of retirement i.e., 29.02.2016 due to wrong fixation of pay scale in the previous years. Further prayer has been made for grant of monetary benefit of MACP in grade pay of Rs.4200/- to the petitioner which has been reduced to Rs.2800/- after his retirement. The petitioner has also prayed for issuance of direction upon the respondents to pay suitable interest over the amount of gratuity, leave encashment, arrears of 6th pay revision, pension as well as other amount of retiral dues besides damage and cost of litigation for harassing the pe
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.
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Recovery of leave encashment from retirees is impermissible without due process, including affording notice and an opportunity to defend against claims of wrongful payment.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
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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