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HIGH COURT OF PUNJAB AND HARYANA
VED PARKASH ETC. – Appellant
Versus
STATE OF PB.ETC. – Respondent
JUDGMENT :
AMAN CHAUDHARY, J.
1. Learned counsel submits that services of the petitioner, who was initially appointed as Social Studies, Mistress on ad hoc basis, were regularized w.e.f. 31.03.1977 and granted two advance increments based on the judgment passed in CWP-16121-1996, decided on 14.10.1996. However, the aforesaid benefit was sought to be recovered, which the Division Bench, vide order dated 25.04.2005, had stayed while admitting the petition. She, on instructions from the petitioner, restricts her prayer to only recovery ordered by relying on the policy/instructions dated 20.01.2017 and the judgment of the Hon’ble Supreme Court in Jogeshwar Sahoo and others vs. The District Judge, Cuttack and others , SLP (C) No(s). 5918-2024, decided on 04.04.2025, wherein it has been held that the recovery of excess emoluments or allowances, disbursed as a consequence of an erroneous computation of the same, ought not to be affected, such indulgence being granted as an equitable relief, extended solely to alleviate the hardship that might otherwise be caused by such recovery, especially to those retired, the relevant paras whereof read thus:-
“7. The issue falling for our consideration
Recovery of excess payments made without misrepresentation is impermissible, especially for retirees, emphasizing the need for equitable relief in judicial discretion.
Recovery – If excess amount was not paid on account of any misrepresentation or fraud on part of employee, such excess payments of emoluments or allowances are not recoverable – Such relief against r....
The main legal point established in the judgment is that the recovery of an amount from a retired employee, in the absence of misrepresentation or fraud, and due to a misconception leading to the exc....
Recovery of excess payments from retired employees is impermissible under certain conditions, particularly relating to Class III and IV service classifications and time limits for recovery.
Recovery – If excess amount was not paid on account of any misrepresentation or fraud of employee or if such excess payment was made by employer by applying a wrong principle for calculating pay/allo....
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
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