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S. M. SUBRAMANIAM
S. Mani – Appellant
Versus
Chief Internal Audit Officer, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, call for the records in proceedings No.Aa.Ku.No.EE /O & M / East / Thiruvannamalai / Adm / U2/ Ko.Re-fixation of salary / 08 dated 14.7.2008 on the file of the 4th respondent herein and quash the same and consequently, direct the respondents herein to re-fix petitioner's pay and refund the amount recovered with interest consequently direct the respondents to re-fix petitioner's Pension.)
1. The order of recovery dated 14.07.2008 passed by the 4th respondent is sought to be assailed in this writ petition.
2. The petitioner joined as Cashier in the respondent Board and completed 36 years of service. The petitioner was retired from service on 30.06.2007 as Selection Grade Revenue Supervisor and he was allowed to retire from service.
3. The learned counsel for the petitioner contended that the retirement benefits were already settled and the petitioner is continuing as a pensioner. While so, the impugned order has been passed in proceedings dated 14.07.2008, imposing recovery on the ground that there was an audit objection in respect of excess payment and no sho
Recovery of excess payment from a retired employee is impermissible, except in cases of undertaking or misrepresentation.
Recovery of excess payment from a retired employee should not be allowed, especially in the absence of misrepresentation, as it would result in hardship. Any order affecting the right of an employee ....
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
The court established that recovery of excess salary from a retired employee is unjustified if it causes undue hardship, despite the authority's power to correct pay errors.
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