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ALOK MATHUR
Jagdish Prasad Alias Jagdish Prasad Sonkar – Appellant
Versus
State Of U. P. Thru. Prin. Secy. (Home) Lko. – Respondent
JUDGMENT :
Alok Mathur, J.
1. Heard Shri Ankit Mishra, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.
2. With the consent of the parties, this petition is being finally heard and disposed of at this stage.
3. By means of the present writ petition the petitioner has challenged the order dated 06.08.2024 passed by the Superintendent of Police, Amethi. By means of the impugned order dated 06.08.2024, the salary of the petitioner has been re-fixed as it was found to be incorrectly fixed and accordingly deduction has been made from the salary of the petitioner since 01.01.2006 till his superannuation amounting to Rs.5,63,787/-.
4. It has been submitted by learned counsel for petitioner that the petitioner was lastly serving on the post of Sub Inspector in Civil Police. He superannuated from service on 31.08.2023. After the superannuation, all post retiral dues were paid and he is receiving his pension as fixed by issuance of the pension payment order. He further submits that without granting any opportunity to the petitioner by means of the impugned order, his salary from 2007 onward have been re-fixed and recovery has bee
Recovery of salary from retired employees is impermissible without due process, especially when it exceeds five years, as established in Rafiq Masih.
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
Recovery from employees belonging to Class-III and Class-IV service impermissible as per the Constitution of India and relevant judgments.
Recovery of excess payments from retired employees without due process violates natural justice principles, as established in Rafiq Masih's case.
Recovery from retired employees is impermissible unless an undertaking was provided prior to retirement, and pay re-fixation cannot occur after a long time gap.
Recovery of excess payments made to employees is impermissible where no fault exists on the employee's part and payments have spanned over five years, protecting livelihood rights.
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