IN THE COURT OF MANIPUR AT IMPHAL
JUDGMENT & ORDER :
(Golmei Gaiphullshillu, J.)
[1] Heard Mr. Athouba Khaidem, learned Government Advocate appearing on behalf of the appellants; Mr. L. Anand, learned counsel appearing on behalf of respondent No. 1; and Mr. S. Suresh, learned counsel appears on behalf of respondent No. 2.
[2] The present writ appeal has been filed by the State Appellants under IV-A of the Manipur High Court Rule, 2019 against the impugned Judgment and Order dated 02.08.2023 passed in WP(C) No. 729 of 2019 by the Hon’ble Single Judge with the following prayer:
(i) to admit the Appeal and call for records of the Writ petition;
(ii) to set aside the impugned judgment and order dated 02.08.2023 passed in WP(C) No. 729 of 2019 as the same was passed without appreciating the materials of the case.
(iii) to pass any appropriate order(s) or direction which the Hon’ble Court deems fit and proper.
[3] The above referred to W.P.(C) No. 729 of 2019 was filed by the respondent No.1/petitioner to quash a portion of the impugned statement dated 13.10.2017 issued by the office of the Accountant General, Manipur, on the basis of which a sum of Rs. 5,82,002/- was recovered as excess payment/over payment from the gratuity a


Recovery of excess payments from employees is impermissible when no fault or misrepresentation is established on their part.
The court ruled that recoveries from Group-C employees nearing retirement are impermissible, reaffirming protections established in Rafiq Masih.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Recovery of excess payments from retired employees is impermissible if it causes undue hardship, necessitating prior notice and opportunity for response before recovery.
Recovery of excess payments from Group-C employees beyond five years is impermissible, emphasizing equitable treatment and adherence to Supreme Court guidelines.
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