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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR
Umesh Chandra – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ajit Kumar, J.
2. By means of present petition filed under Article 226 of the Constitution, petitioner has challenged the order dated 13th July, 2005 providing for refixation of pay of the petitioner w.e.f. 1.7.1985 as the pay fixation in the payscale of Rs. 450-720 w.e.f. 1.7.1985 has been cancelled. The consequential order passed in that behalf on 27th September, 2005 providing for recovery of excess amount paid to the petitioner by way of salary passed by Superintendent Engineer has also been challenged and so also final consequential order passed by Executive Engineer dated 30th September, 2005 directing for recovery has been challenged.
3. The basic argument advanced to assail the orders is that petitioner having retired on 30th June, 2005 from post of junior clerk, no such pay refixation could have been order w.e.f on 1st July, 1985 and that too without any notice and opportunity of hearing to him. Yet another argument advanced is that subsequently the State Government itself has released a Government Order that such correction in p
Recovery of excess salary from retired employees, particularly Class III and IV, is impermissible post-retirement, especially without notice, as held in established case law.
Recovery of excess salary is impermissible when employees are not at fault, emphasizing equitable relief to prevent undue hardship.
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
The court established that recovering excess salary from employees years after erroneous fixation causes undue hardship, especially for pensioners.
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 payments from retired employees without due process violates natural justice principles, as established in Rafiq Masih's case.
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