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SANJEEV SACHDEVA, VINAY SARAF
Savita Mehto – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Vinay Saraf, J. -- 1. The appellant has preferred the instant intra Court appeal being dissatisfied with the order passed by learned Single Judge, whereby the petition preferred by the appellant was dismissed to the extent that the recovery of principal amount component was upheld, whereas the interest component was quashed.
2. With the consent of the parties, arguments heard for the purpose of final disposal of the case.
3. The short facts of the case are that the husband of the appellant late Shri Pramod Kumar Mehto was holding the post of Head Constable and posted in the office of Director General of Police, Range Bhopal (Urban) Bhopal. The husband of the appellant died on 22.12.2018 due to illness and when his widow i.e. the present appellant applied for payment of death benefits and family pension etc., at the time of issuance of PPO dated 3.2.2021, the respondent department initiated recovery of Rs.21,69,036/- comprising Rs. 14,27,155/- towards principal recoverable amount and Rs.7,41,881/- towards interest on the basis of reassessment of the salary paid to the deceased husband of the appellant. The appellant challenged the action of the respondent department in WP No.25
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 payments from retired employees is impermissible due to hardship, and cannot be enforced when the employee is not responsible for erroneous salary fixation.
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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