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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ajit Kumar,J.
Head Constable Prahlad Singh – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Ajit Kumar, J.
1. This bunch of petitions arises out of order of recovery proceedings initiated by the respondents for alleged wrongful pay fixation for which it was claimed that petitioners got paid excess amount of salary. Since all the petitions except for reference to amount and order impugned raise same controversy on facts, the entire bunch is disposed of by means of this common judgment and order. For the purposes of facts and legal principles reference is made to the pleadings raised in Writ – A No.- 1750 of 2022, which is a leading petition.
2. Learned counsel for the petitioners have argued that petitioners were not at all responsible for any particular pay fixation which is alleged by the respondents to have been wrongly done and has resulted in excess payment of salary to the petitioners. Pleadings to this effect has been taken in paragraph 14 of the writ petition. Identical stand has been taken by several other petitioners whose petitions have been tagged with this bunch.
3. Besides above it is argued that even if the correction was to be carried out and it was determined that petitioners had been paid excess salary, then no recovery could have been made from hi
Recovery of excess salary is impermissible when employees are not at fault, emphasizing equitable relief to prevent undue hardship.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
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.
Recovery of excess payments from employees without their fault violates principles of equity and fairness, especially when recovery occurs post-retirement and after a significant period.
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.
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