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AHANTHEMBIMOL SINGH
K. Yangla – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Mr. Jemon, learned counsel appearing for the petitioner, Mr. Niranjan Sanasam, learned GA appearing for the respondents No. 1 to 4 and Mr. S. Suresh, learned counsel appearing for the respondent No. 5
In the present writ petition, the petitioner is challenging the gratuity payment order dated 22-11-2017 issued by the Office of the Accountant General (AE), Manipur ordering for recovering of a sum of Rs. 7,21,073.00/- from the gratuity payable to the petitioner allegedly on account of over-payment of pay and allowances to the petitioner and also praying for issuing direction to the respondents to refund the deducted amount of Rs. 1,89,889.00/- to the petitioner within a stipulated period.
2. The facts of the present case, in a nutshell, are that while the petitioner was serving as an Assistant Sub-Inspector of Police in the Manipur Police Department, a Departmental Enquiry was held against him and on the basis of the enquiry report, the S.P., Ukhrul, issued an order dated 07-01-2010 imposing upon the petitioner a major punishment of withholding his increment with cumulative effect for a period of three years from t
Recovery of excess payments from employees is impermissible when no fault or misrepresentation is established on their part.
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
Recovery of excess payment from retired employees is impermissible after five years unless a valid undertaking exists; arbitrary recovery orders are quashed.
Recovery of excess payments from employees without their fault violates principles of equity and fairness, especially when recovery occurs post-retirement and after a significant period.
Retired employees of Class-IV are protected against recovery of overpayments not due to their fault; withholding retirement benefits without just cause is impermissible.
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