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J. J. MUNIR
Munni Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. The petitioner, Smt. Munni Devi's deceased husband, Malkhan Singh, was a Class-IV employee with the District Rural Development Agency (for short, 'the DRDA') and last posted under the Project Director, DRDA, Budaun. He carried the designation of a Patra Vahak. He retired from service upon attaining the age of superannuation on 31.12.2012. Admittedly, the DRDA was a registered society, registered under the Societies Registration Act, 1860 (for short, 'the Act of 1860'). The DRDA was established under the aegis of the Government of India and the State Government as a professional agency to implement and carry out poverty alleviation schemes and programmes of the Ministry of Rural Development. The DRDA, no doubt, was a society entirely controlled and managed by the State with funds shared between the Government of India and the State Government in the percentage of 75 and 25. It would function under the control of the Zila Parishad and in the absence of the Zila Parishad, under the control of the District Magistrate. Later on, the control of the society passed on to the Chief Development Officer of the district, who would function as its ex officio President
Recovery of excess payments from lower-rung employees is deemed iniquitous and arbitrary, especially post-retirement.
Employees absorbed into a government department under specific terms cannot later claim benefits from prior service if they accepted the new terms knowingly.
Recovery of excess payments made negligently without employee's fault is impermissible, emphasizing judicial discretion to prevent hardship.
The revised ceiling limit of gratuity under the Payment of Gratuity Act, 1972 applies to all employees, overriding state regulations that set lower limits.
Re-employed pensioners are not entitled to dearness relief during re-employment, and misrepresentation regarding entitlement disqualifies them from equitable relief against recovery of excess payment....
It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitle....
Recovery of excess payments from pension dues post-retirement is impermissible without misrepresentation or fraud causing undue hardship.
Employees of autonomous bodies like the DRDA cannot claim parity with state government employees regarding retirement benefits unless explicitly provided by law or policy, and changes in retirement a....
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