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S. M. SUBRAMANIAM, K. RAJASEKAR
R. Vasugi – Appellant
Versus
Registrar General, High Court, Madras, Chennai – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 19.12.2022 vide ROC No.1908/2022 passed by the 6 th respondent and quash the same as illegal and consequently, direct the respondents to continue to pay at the existing fixation of pay and not to recover the alleged excess amount paid to the petitioner.)
1. The order of re-fixation and the consequential recovery imposed on the petitioner are under challenge in the present writ petition.
2. The writ petitioner was initially appointed as Dalayat (known as Office Assistant) in the Judicial Department. Thereafter, she was promoted to various posts and presently, she is working as Grade-I Bench Clerk.
3. The authorities verified the service records and found that excess pay fixation was made in the case of the petitioner. Accordingly, 5% personal pay granted to the writ petitioner in the post of the Examiner of Copies, with effect from 02.11.2005, was found to be erroneous. That apart, 3% promotional increment granted, with effect from 01.07.2010, was also identified as an err
Redeployment to a post with identical pay scale does not constitute promotion, and excess personal pay need not be recovered from the retired employee.
Recovery of excess salary paid to an employee due to the employer's mistake is impermissible if there was no misrepresentation by the employee and such recovery would cause extreme hardship, especial....
Recovery of excess salary paid to employees due to administrative errors, absent misrepresentation, is impermissible if it inflicts extreme hardship or is iniquitous, as per the principles laid down ....
Recovery of excess salary impermissible from Group ‘C’ employees as per Supreme Court ruling.
Recovery of excess salary payments caused by departmental errors is impermissible from Group 'C' and 'D' employees.
Recovery of excess pay impermissible from Group C/D government employees per Supreme Court precedent.
Recovery of excess salary after a significant delay is impermissible, especially when it causes hardship to employees, despite valid corrections in pay fixation.
Recovery of alleged excess salary payments from Group 'C' or 'D' employees, which occurred due to administrative error without any misrepresentation by the employee, is impermissible in law.
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