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RAJESH SINGH CHAUHAN
Pradeep Kumar Gupta – Appellant
Versus
Engineer-In-Chief (Mechanical) Irrigation – Respondent
JUDGMENT :
1. Heard Sri B.R. Singh, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
2. By means of this writ petition, the petitioner has prayed for the following reliefs :-
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to reduce the pension of the petitioner in pursuance of Annexure No.1.
(iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the arrears of pay fixation dated 09.01.2018 in tune of Rs.315145/-to the petitioner and other arrears."
3. Learned counsel for the petitioner has contented that the petitioner retired from service on 31.01.2018 and before his retirement his final salary has been determined vide office memo dated 09.01.2018 (Annexure No.13) to the tune of Rs.83300/-and on the basis of said salary the pension of the petition
Point of Law : Retirement of service - If any mistake committed by the department in making pay fixation of an employee is rectified after the retirement of an employee withdrawing the benefit which ....
Recoveries of excess salary from retired employees are impermissible without a specific undertaking at the time of payment, in accordance with the Government Order dated 16.01.2007 and relevant Supre....
The court established that the increments earned during a penalty period must be restored upon its expiry when the penalty order specifies no postponement of future increments.
Recovery of excess payment from a retired employee should not be allowed, especially in the absence of misrepresentation, as it would result in hardship. Any order affecting the right of an employee ....
The main legal point established in the judgment is that reducing pension and ordering recovery without following principles of natural justice is illegal and arbitrary.
Pension fixed on higher pay scale granted by competent authority and continued for decades cannot be reduced retrospectively after retirement due to delay, absence of notice, and violation of natural....
Government cannot retrospectively reduce an employee’s pay or recover excess payments without due process, especially post-retirement.
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