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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSIMRAN SINGH SETHI, VIKAS SURI
Virender Pal – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. challenge to recovery from retired employee. (Para 1 , 2) |
| 2. arguments regarding pay refixation and recovery justification. (Para 3 , 4) |
| 3. legal principles regarding recovery from retired employees. (Para 5) |
| 4. established law on recovery from retired employees. (Para 6 , 7) |
| 5. judicial considerations on misrepresentation and recovery. (Para 8) |
| 6. final ruling on recovery and refund. (Para 10) |
JUDGMENT :
1. In the present petition, the challenge is to the order dated 17.03.2021 (Annexure P-1) passed by the respondents, by which not only the pay of the petitioner has been refixed after his retirement but also an amount of Rs.1,75,274/- has also been recovered from him on the ground that his pay had been wrongly fixed @ Rs.11840/- instead of Rs.11170/- w.e.f. 01.07.2006, which led to excess payment to petitioner and that too, after his retirement from service.
3. Learned counsel for the petitioner argues that once the petitioner had already retired from service on attaining the age of superannuation on 31.07.2016, his salary could not have been refixed thereafter so as to make recovery from the retiral benefits admissible to him as no recovery is permissible from a retire
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recovery from retired employees, or employees who are due to retire within one year of the order of recovery, is impermissible in law.
Recoveries from retired employees due to employer's pay fixation errors are impermissible, and coercion negates voluntary consent.
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.
An employee cannot receive both salary and pension for overlapping periods; acceptance of excess payments with knowledge leads to lawful recovery.
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....
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