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SANJAY KUMAR, A. BIMOL SINGH
Principal Accountant General (A. & E. ), Manipur – Appellant
Versus
Kangabam Tomba Devi, W/o. (L. ) Thounaojam Suren Singh – Respondent
| Table of Content |
|---|
| 1. challenge to previous judgment regarding benefit deductions. (Para 1 , 3 , 4 , 5) |
| 2. arguments on legality of deductions and prior approvals. (Para 6 , 7 , 8) |
| 3. court's analysis on legality and implications of deductions. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. supreme court's guidance on employer recovery practices. (Para 15) |
| 5. dismissal of appeals due to lack of merit. (Para 16) |
JUDGMENT :
(Sanjay Kumar, CJ.) :
[1] Judgment and Order dated 13.07.2022 passed by a learned Judge of this Court in W.P(C) No.574 of 2021 is subjected to challenge in these two appeals. Writ Appeal No.121 of 2022 was filed by the Principal Accountant General (A & E), Manipur, respondent No.1 in the said writ petition; while Writ Appeal No.126 of 2022 was filed by the State of Manipur and the Director, Education (S), Government of Manipur, respondents No. 2 and 3 in the said writ petition. By the judgment and order under appeal, the learned Judge allowed the writ petition and directed the authorities to refund the deducted Gratuity and Dearness Relief, amounting to Rs.3,11,847/-, to the writ petitioner within a time frame. This relief was granted on the ground that the deductions made from her
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 court established that qualifications obtained before a specified date must be recognized for pay scale determination, ensuring fairness in employment practices.
The main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
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