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VIJAY KUMAR SHUKLA
Jagdish Hirve – Appellant
Versus
State of M. P. – Respondent
ORDER
1. In the instant petition, the petitioner has challenged the order of recovery dated 27.12.2022 of Rs.1,43,426/- (principal amount Rs.87,806/- + interest Rs.55,620/-) on the ground of excess amount paid to the petitioner from 1.1.2006 to 2024 on account of wrong fixation of pay.
2. It is stated that the pay of the petitioner was wrongly revised to 9120 + 2100 w.e.f. 1.1.2006 from 4800/- under M.P. Pay Revision Rules 2009 which should have been Rs.8930 + 2100/-.
3. Counsel for the petitioner submits that the petitioner is a retired government employee and the said recovery cannot be made in the light of the judgment passed by the apex Court in the case of State of Punjab v. Rafique Masih (White Washer), (2015) 4 SCC 334 . He further submits that it is not the case of the respondent that the petitioner has not made any misrepresentation or cheating with the department.
4. Counsel for the respondents submits that due to inadvertence, the petitioner was granted wrong fixation of pay and, therefore, the recovery is being made in pursuant to the undertaking submitted by the petitioner and in the light of the judgment passed by the apex Court in the case of High Court of Punjab & Harya
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
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 is impermissible when employees are not at fault, emphasizing equitable relief to prevent undue hardship.
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 under certain conditions, particularly relating to Class III and IV service classifications and time limits for recovery.
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