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M. V. MURALIDARAN
Potsangbam Victoria Devi – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioner to issue a writ of certiorarified mandamus to quash the impugned letter dated 28.5.2020 and the provisional pension payment order dated 1.7.2020 and to direct the respondents to release the service pension and other retirement benefits of the petitioner by calculating her pension at the scale of pay which she enjoyed at the time of her retirement.
2. Briefly stated case of the petitioner is as follows:-
The petitioner was initially appointed as LDC in Jawaharlal Nehru Manipur Dance Academy on 30.4.1979 and thereafter, she was appointed to a clear sanctioned vacant post on 27.10.1979 as LDC and then appointed as Cashier on 19.5.1982. On 25.8.1984, the petitioner was promoted to the post of UDC and after completion of the office procedure examination, she was promoted to the post of Accountant on 19.5.1986 and accordingly revised her pay from Rs.1400-2300 to Rs.1400-2600 with effect from 1.8.1990. On 29.6.1988, the post of Accountant was re-designated as Assistant and her pay was revised from Rs.1400-2600 to Rs.1400-2900 for the period from 13.5.1986 to 31.5.1995. On 29.9.2009, the scale of pay of the petitioner under the M
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....
Recovery of excess payments from retired employees, particularly those in Class III and IV service, is impermissible under law, especially when no fraud or misrepresentation has occurred.
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
The court emphasized that recovery of excess payments from Group-D employees is impermissible, and actions taken without due process violate principles of natural justice.
The appointment to a specially created temporary post does not entitle the petitioner to a higher pay scale without concurrence of the Finance Department, and recovery of excess payment can be made d....
The main legal point established in the judgment is that no recovery can be made from an employee if the excess payment was not due to any fault on the employee's part, as determined by various legal....
The recovery of excess payment made to pensioners after retirement would be impermissible if it would be iniquitous, harsh, or arbitrary. Additionally, a circular issued by an officer of the State mo....
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