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J. J. MUNIR
Rishi Pal Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
J.J. Munir, J.
Parties have exchanged affidavits.
2. Admit.
3. Heard forthwith.
4. Heard Mr. Brijesh Kumar Singh, learned Counsel for the petitioner and Mr. Sandeep Chandra, learned Standing Counsel appearing on behalf of the State.
5. This writ petition is directed against the orders dated 16.08.2023, 19.09.2023 and 20.10.2023 passed by respondent nos.4 & 5, determining the petitioner's salary, said to be mistakenly fixed and on that basis, ordering recovery of a sum of Rs. 6,53,470/-. The said sum of money has been deducted from the sum of money due to the petitioner on account of his commuted pension. The petitioner was a Leading Fireman (Class III) in the U.P. Fire Department. He was last posted in the Fire Department, District Hapur under the control of the Superintendent of Police, Hapur. The petitioner retired from services on 31.05.2023. He rendered a total of about 41 years of service and earned his third Assured Career Progression (A.C.P.). The petitioner's salary was fixed after the award of the third A.C.P. at a sum of Rs. 16,670/- per month, whereas according to the respondents, it should have been Rs. 16,180/- per month. This wrong fixation of the third A.C.P.
Recovery of excess salary payments from retired employees is impermissible unless specific conditions are met, as established in Rafiq Masih.
Recovery of excess salary from employees in Class-III service is impermissible if no fraud occurred and payment was based on wrong fixation, aligning with principles of equity.
Recovery of excess payments from retired Class-IV employees is impermissible without due process and violates principles of natural justice.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
Recovery of salary from retired employees is impermissible without due process, especially when it exceeds five years, as established in Rafiq Masih.
Excess payments made due to erroneous salary fixation cannot be recovered from an employee if based on mistake without fraud; recovery post-retirement within a year is inequitable.
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.
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