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RAJ MOHAN SINGH
Manish Jaiswal – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioner has preferred this writ petition, assailing the order dated 13.3.2019 (Annexure P-2) passed by the respondent No.4/Divisional Forest Officer, Shahdol.
2. Perusal of the order dated 13.3.2019 shows that the pay fixation of the petitioner was found to be erroneous and an amount of Rs.1,42,318/- was directed to be deposited along with an interest by means of challan before 25.3.2019. In the event of failure to do so within the time prescribed, the amount along with interest shall be recovered from the monthly salary of the petitioner.
3. Learned counsel for the petitioner submits that the pay fixation was done for the period with effect from July 2009 to December 2015. The petitioner had no role to play in the aforesaid fixation and he never misrepresented before the respondent/department nor was any fraud played by the petitioner in any manner in the context of the getting pay fixation from the respondent/department. The petitioner is a Class-III employee working as Forest Guard in the respondent department. Besides the order in question, interest @ 12% per annum from June 2011 has been levied on the alleged recoverable amount, which according to the learned co
Point of Law : Recovery of excess salary amount paid - It is not possible to postulate all situations of hardship, where payments have mistakenly been made by the employer, yet in the following situa....
An employee cannot seek to overturn a recovery from dues if they knowingly provided consent for the recovery and were involved in the pay fixation process.
Recovery of excess payment from employees must adhere to principles of natural justice and cannot be made after an unreasonable delay, especially for Class-3 employees.
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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