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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
National Institute of Technology (NIT) Warangal – Appellant
Versus
P.Ravi Kumar – Respondent
| Table of Content |
|---|
| 1. issues regarding recovery of excess amounts (Para 4 , 5) |
| 2. arguments against the recovery claims (Para 6 , 7) |
| 3. court’s reasoning on audit implications (Para 10) |
| 4. final dismissal of writ appeals (Para 11) |
JUDGMENT :
Abhinand Kumar Shavili, J.
Since the issue involved in both the writ appeals is one and the same, they are being heard together and disposed of by way of this common judgment.
2. Aggrieved by the common order dated 16.09.2024 passed in W.P.Nos.13687 & 12715 of 2024 by the learned Single Judge, the present writ appeals have been filed.
3. Heard Sri T.Mahender Rao, learned Standing Counsel appearing for the appellants-National Institute of Technology, Sri A.Raghuram Mahadev, learned counsel appearing for the 1st respondent in W.A.No.1278 of 2024, Sri M.Srikanth, learned counsel appearing for the 1st respondent in W.A.No.1279 of 2024, and learned Deputy Solicitor General of India appearing for respondent No.3 in both the writ appeals.
4. It is the case of the appellants that initially, the respondents were appointed as Physical Directors and thereafter, they were promoted as Physical Directors (Selection Grade) and thereafter, they were re-designated as Assoc
Recovery of erroneously paid salaries is impermissible when procedure is flawed, emphasizing employee rights and administrative fairness.
Recovery of excess payments after five years without notice is impermissible under Article 14, violating natural justice principles.
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.
An opportunity of hearing is must in compliance of principles of natural justice.
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 is permissible when employees are aware of overpayment and accept conditions of pay fixation.
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.
The court established that the petitioners were entitled to the higher pay scale as per the Government Resolutions and that the recovery initiated by the respondents was unjust, illegal, and arbitrar....
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