Back
NAMIT KUMAR
Labh Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
The petitioner, who has rendered 33 years of service in Punjab State Power Corporation Limited, retired on attaining the age of superannuation on 31.03.2020, has approached this Court by way of filing the present writ petition under Articles 226/227 of the Constitution of India, for issuing a writ in the nature of ceritiorari, for quashing of the order dated 23.05.2022 (Annexure P-6), whereby a sum of Rs. 1,55,042/-, have been recovered from the leave encashment amount.
2. The grievance of the petitioner is that the amount of Rs. 1,55,042/- has been recovered from the leave encashment, payable to the petitioner, in violation of the principles of natural justice as neither any opportunity of hearing was provided to the petitioner before effecting the recovery nor any show cause notice was issued to him. The reason assigned in the impugned order is that the said amount has been recovered on account of one excess increment granted to the petitioner in the year 2005 and sought to be recovered in the year 2020, due to wrong fixation of pay. No details have been given either in the impugned order or in the written statement filed by the respondents with
Recovery of excess payments from retired employees without due process violates natural justice principles, as established in Rafiq Masih's case.
Recovery of excess payments from retired employees is impermissible unless fraud or misrepresentation is established, as reaffirmed by the Supreme Court.
An employee cannot seek to overturn a recovery from dues if they knowingly provided consent for the recovery and were involved in the pay fixation process.
Recovery of excess payments from retirees or without due process breaches principles of natural justice, violating Articles 14, 16, and 300-A of the Constitution.
Recovery of salary from retired employees is impermissible without due process, especially when it exceeds five years, as established in Rafiq Masih.
Recovery of excess salary from Group-C employees post-retirement is impermissible without fraud or misrepresentation, as established in Rafiq Masih (2015) 4 SCC 334.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
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
