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IN THE HIGH COURT OF MANIPUR AT IMPHAL
D.KRISHNAKUMAR, GOLMEI GAIPHULSHILLU KABUI
Principal Accountant General (A&E) – Appellant
Versus
K.Yangla – Respondent
JUDGMENT :
D. Krishnakumar, C.J.
Heard Mr. S. Suresh, learned counsel appears for the appellant; Mr. Kh. Tarunkumar, learned senior counsel assisted by Mr. M. Rustam, learned counsel and Mr. W. Niranjit, learned Deputy Government Advocate, appear for the respondents.
2. The intra court appeal has been preferred by the appellant challenging the order of the writ court thereby allowing the writ petition filed by the respondents herein, requiring proceeding initiated upon the appellant.
3. Learned senior counsel for the respondent No. 1/writ petitioner submits that pursuant to the DE, the petitioner was awarded major penalty of withholding of increment with cumulative effect for a period of 3 (three) years from the date of his suspension from service in the year 2006.
4. The Manipur Services (Revised Pay) Rules, 2010 which came into effect from 01.01.2006 for payment of revised pay of scale from 01.04.2010 had been notified on 01.01.2006. As per the aforesaid Manipur Services (Revised Pay) Rules, 2010 , the respondent police department herein were allowed to fix the revised pay from 01.01.2006 by order dated 26.08.2010 pursuant to the decision taken by the respondent No. 1 an undertaking d
Recovery of excess salary payments from retired employees is restricted by time limits and conditions set by the Supreme Court, emphasizing the need for clarity in undertaking declarations.
The central legal point established in the judgment is the binding nature and significance of an undertaking given by an employee, particularly in the context of repayment or recovery of excess amoun....
An employee's undertaking to repay excess salary due to erroneous fixation is binding and enforceable under law.
Excess payments made due to erroneous salary fixation cannot be recovered from an employee if based on mistake without fraud; recovery post-retirement within a year is inequitable.
Recovery of excess payment from employees must adhere to principles of natural justice and cannot be made after an unreasonable delay, especially for Class-3 employees.
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