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M. V. MURALIDARAN
Kangabam Tomba Devi – Appellant
Versus
Principal Accountant General (A&E) – Respondent
JUDGMENT
1. Heard Mr. Ch. Robinchandra, learned counsel for the petitioner; Mr. S. Jasobanta, learned counsel for the first respondent and Mrs. Ch. Sundari, learned Government Advocate for the respondents 2 to 4.
2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to refund the gratuity amount and the dearness relief amount of Rs.3,11,847/- to her which amount had been deducted from the retirement gratuity account and dearness relief account of the petitioner.
3. Mr. Ch. Robinchandra, the learned counsel for the petitioner submitted that the petitioner retired from service on her attaining the age of superannuation with effect from 30.6.2010 and on the retirement, the first respondent issued pension book dated 1.7.2010 bearing PPP No.SM/29940 as Part-I to the petitioner and Part-III of the book forwarded to the fourth respondent with instruction to deduct a sum of Rs.3,11,847/- from her gratuity account and dearness relief account and, accordingly, the said sum was deducted.
4. The learned counsel further submitted that the State Government had granted the higher scale i.e. qualification scale, trained scale of her passing the Bas
Recovery should not be made from the retired employees, and the grant of qualification scale, trained scale, and senior scale to the petitioner cannot be questioned and found fault by the respondent ....
Recovery of excess payments from employees is impermissible when no fault or misrepresentation is established on their part.
The main legal point established is that financial benefits given without misrepresentation or fraud are not liable to be recovered, and any order passed in violation of the principles of natural jus....
The court established that qualifications obtained before a specified date must be recognized for pay scale determination, ensuring fairness in employment practices.
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