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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 :
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:
Balance recovery other than the above will be made in due course.”
3. Prior to filing of present writ petition, the Petitioner had approached this Court in W.P.(C) No.13391 of 2011, along with two others, praying for grant of revised UGC scale of pay with effect from 1st January 1996 at par with their counterpart lecturers working under the Government. This Court vide judgment dated 17th August 2017 directed to extend such benefits in favour of the Petitioner and two others. Consequently, the Opposite Parties released the benefit in favour of the Petitioner in terms of their order dated 12th June 2020 (Annexure-18). Subsequent thereto, the impugned order of recovery dated 9th November 2021 (Annexure-23) was issued against the Petition
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 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.
The main legal point established in the judgment is the applicability of the decision in Rafiq Masih to cases involving recovery of excess payment from employees, emphasizing the hardship faced by pe....
Recovery of excess payments from retired employees is impermissible unless fraud or misrepresentation is established, as reaffirmed by the Supreme Court.
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