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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.D.Maria Clete, S.M.Subramaniam
M.A.Suresh Kumar – Appellant
Versus
Registrar General, Madras High Court – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Mr.G.Thalaimutharasu, learned counsel, takes notice for the respondents.
2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.
3. Admittedly, the learned Special District Judge for M.C.O.P.Cases, Madurai, vide proceedings dated 27.05.2024, dropped the further action on the recovery of excess payment of salary made to the petitioner on account of wrong fixation of pay by adding 5% personal pay, which was granted by the Fifth Pay Commission with effect from 01.06.1998. Since the recovery action has been dropped, the petitioner made a representation for refixation of pay. It is needless to state that recovery itself will be imposed only after refixing the pay and in the present case, the pay of the petitioner was refixed, recovery was imposed, however, recovery of excess pay alone was dropped. That apart, the petitioner is going to retire from service on attaining the age of superannuation on 31.07.2025. At the time of retirement, the correctness of the pay fixation is to be verified and accordingly, the pay for which the petitioner is eligible alone is to be fixed in accordance with the pay rules and
Recovery of excess salary is contingent upon accurate pay fixation prior to retirement, ensuring compliance with existing pay rules.
The court established that recovering excess salary from employees years after erroneous fixation causes undue hardship, especially for pensioners.
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.
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
Recovery of excess salary after a significant delay is impermissible, especially when it causes hardship to employees, despite valid corrections in pay fixation.
Opportunity to be heard and prejudice to the petitioner are essential considerations in matters of recovery of excess salary.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Excess payments made due to erroneous salary fixation cannot be recovered from an employee if based on mistake without fraud; recovery post-retirement within a year is inequitable.
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