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VIJAY KUMAR SHUKLA
Sangita Agnihotri – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioner is challenging the order of recovery from deceased employee on the ground of wrong fixation of pay.
2. The facts of the case are that the husband of the petitioner was initially appointed as Assistant Sub-Inspector (M) and thereafter he was promoted on the post of Sub-Inspector (M). He died in harness on 20.10.2015 when he was working on the post of Sub-Inspector (M) in the office of Superintendent of Police Special Branch (Rail), Indore.
3. Counsel for the petitioner submits that on 15.3.2016, the respondents proposed to be recovered an amount Rs.20,96,548/- (principal Rs.12,79,696/- + Rs.8,16,852/- interest) from her deceased husband without there being any fault on the part of the deceased employee under various heads as excess payment alleged to have been made during the service of the husband of the petitioner and the recovery was done from the arrears of pension, GPF, leave encashment on 5.4.2023. By order dated 15.3.2016, 5.4.2023 and 26.4.2023 the respondents proposed to be recovered the amount against her husband.
4. Counsel for the State submits that the respondents have recovered only the principal part out of the said amount from the retiral dues of
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.
Recovery from retired employees is impermissible barring exceptional circumstances such as fraud or misrepresentation.
Recovery of excess payments from retired employees is impermissible due to hardship, and cannot be enforced when the employee is not responsible for erroneous salary fixation.
Recovery from retired employees for excess payments is impermissible, especially regarding interest, as it imposes undue hardship and lacks lawful justification when errors are not the employees' res....
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
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