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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
DEEPAK KUMAR DAS – Appellant
Versus
STATE OF ODISHA – Respondent
| Table of Content |
|---|
| 1. excess salary recovery order. (Para 1 , 3) |
| 2. arguments for/against recovery order. (Para 4 , 5 , 6) |
| 3. principles governing recovery from salary. (Para 7 , 8) |
| 4. recovery before retirement is impermissible. (Para 9) |
| 5. writ petition allowed; recovery set aside. (Para 10) |
JUDGMENT :
B.P. Routray, J.
1. Challenge in the writ petition is to the impugned order dated 9th November 2021 at Annexure-23. The relevant portions of the said order are reproduced below:
“As per the order of Hon’ble High Court of Orissa in OJC No.13391 of 2011 & in pursuance to this Office Letter No.2463 dt.30.09.2021 & Letter No.2525 (WE) dt.18.10.2021 an amount of Rs.68,283/- per month for 8 months from the salary from 9/2021 to 4/2022 & Rs.68,284/- for 1 month from the salary of 05/2022 of Sri Deepak Kumar Das, Faculty member of WALMI are to be recovered as Sri Das has been paid excess towards salary for the period from 01.01.1996 to 31.05.2020.
Balance recovery other than the above will be made in due course.”
2. Heard Mr.Das, learned Senior Counsel for the Petitioner and Mr.Mohapatra, learned counsel for Opposite Party No.2-WALMI as well as Mr.Mohanty, learned Additional Government Advocate for the
Recovery of excess salary from retired employees is impermissible, particularly when payments were made with knowledge of their inappropriateness and detecting excess payments after a prolonged perio....
Recovery of excess payment is impermissible under law if it was not paid on account of misrepresentation or fraud, and if the excess payment was made by the employer with the knowledge that it was ad....
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Recovery of excess salary from employees in Class-III service is impermissible if no fraud occurred and payment was based on wrong fixation, aligning with principles of equity.
Recovery of excess salary payments from lower-grade employees is impermissible when it causes undue hardship, particularly for those nearing retirement or when the overpayment occurred more than five....
Recovery of excess payments made to employees is impermissible where no fault exists on the employee's part and payments have spanned over five years, protecting livelihood rights.
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