Back
BATTU DEVANAND
K. Rukmani – Appellant
Versus
Assistant Elementary Educational Officer, R. S. Mangalam, Ramanathapuram – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari, to call for the entire records pertaining to the impugned order passed by the 1st respondent vide his proceedings in Na.Ka.No.653/A1/2016 dated 11.11.2016 and quash the same.)
1. By virtue of the impugned order, which is under challenge in this writ petition, the respondents sought to recover from the petitioner, who is a widow of the deceased employee, after retirement.
2. Heard the learned counsel for the petitioner, the learned Government Advocate appearing for respondents 1, 3 and 4 and the learned counsel appearing for the 2nd respondent and perused the materials available on record.
3. The case of the petitioner is that her husband was a Teacher under the control of the 1st respondent and rendered continuous service for a period of 31 years and retired on 31st May, 2010, while he was working as a Headmaster at Panchayat Union Elementary School, Uppoor, R.S.Mangalam Panchayat Union. He died on 11.07.2014 at the age of 62 years. Prior to his retirement, after getting approval from the 1st respondent, the 2nd respondent had prepared pension papers, whereupon his l
Recovery of excess payment from retired employees and the impermissible situations for recovery.
Recovery of excess pension from a family pensioner after significant delay is impermissible without misrepresentation or fraud, violating principles of natural justice.
Recovery of excess pension payments may be impermissible in certain situations, especially when it would be harsh or prejudicial to the beneficiary's survival.
The impermissibility of recovery in certain situations and the iniquitous nature of recovery after a long period.
The court balanced the legal obligation of the petitioner's declaration with the petitioner's financial circumstances by directing a reduced recovery rate of 20% of the family pension.
The main legal point established in the judgment is that recovery of excess payment is impermissible if it would cause undue hardship, and judicial discretion may be exercised to grant relief against....
The excess amount paid to an employee may not be recoverable if it was not due to misstatement or fraud on the part of the employee, as established in State of Punjab & Ors. v. Rafiq Masih.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
