AI Overview...
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Recovery of Dues Post-Retirement - Generally, the department cannot recover any dues or excess payments from a retired government servant unless specific rules permit. For instance, under West Bengal Services Rules, 1971, recovery is not applicable once the employee has retired, unless explicitly provided for in the rules STATE OF WEST BENGAL VS Asis Das Gupta - Calcutta.
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Departmental Proceedings and Retirement - Departmental proceedings initiated before or after retirement have strict procedural requirements. Proceedings initiated after retirement typically cannot be continued against a retired employee, as per Rule 21 of relevant rules, and require prior sanction of the government if initiated post-retirement Reazuodin Ahmed VS State of Assam - Gauhati.
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Pension and Benefits Recovery - Recovery from pension is permissible only after the pension has been sanctioned and with the approval of competent authority, such as the Governor. The CCS (Pension) Rules, 1972, specify that pension reductions or recoveries can be made only under certain conditions, and often only from the pension itself, not from other dues Rajendra Prasad Sharma vs Secretary, Government of India, Department of Telecommunication - Central Administrative Tribunal.
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Legal Limitations on Recovery - Courts have consistently held that once a government servant has retired, the department's ability to recover dues is limited. For example, rules and instructions mandate that benefits and recoveries should be processed well before retirement, and delays or lethargy in this process are not justified Uma Agrawal VS State Of U. P. - Supreme Court.
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Recovery in Specific Cases - In cases where departmental proceedings are initiated before retirement, recovery of excess payments or penalties can be considered only if proper sanctions and procedures are followed. Post-retirement proceedings or recovery without adherence to rules are generally invalid Ramesh VS State of Maharashtra through its Secretary, Water Supply and Sanitation Department - Bombay.
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Special Rules and Mandatory Examinations - Certain rules, such as the Bihar Government Servant (Hindi Test) Rules, 1968, are mandatory, and non-compliance can lead to recovery of excess salary payments or penalties Kamla Kumar VS State of Bihar - Patna.
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Retired Government Servants and Disciplinary Actions - Courts have held that disciplinary proceedings against retired employees cannot be continued after retirement unless initiated before retirement and with proper sanctions. Proceeding initiated post-retirement without following due process are invalid Reazuodin Ahmed VS State of Assam - Gauhati.
Analysis and Conclusion
The overarching principle across these sources is that the department cannot make recoveries from a government servant after retirement unless explicitly permitted by rules or sanctioned by the competent authority. Departmental proceedings initiated after retirement generally lack validity unless they were started before retirement and proper procedures, including prior sanction, are followed. Courts emphasize adherence to procedural rules, and recovery actions without proper sanction or after retirement are typically deemed unlawful.
Search Results for "Department Cannot Make any Recovery after the Retirement of the Government Servant"
2015 0 Supreme(Bom) 708 • India - Bombay
S.S.SHINDE, P.R.BORA
Issues: Exemption from passing professional examination, recovery of promotional benefits, applicability of Government Resolutions ... professional examination cannot be maintained. ... the professional examination cannot be maintained. ... servant and who have completed 45 years of age. ... The learned Counsel for the respondent No.2 to 5 submits that the petitioner is not a Government servant because the respondent is a statutory undertaking enacted under the provi....
2013 0 Supreme(Mad) 1751 • India - Madras
R.K.AGRAWAL, N.PAUL VASANTHAKUMAR, K.VENKATARAMAN
... (b) proceedings instituted before retirement of a govt. servant ... age and proceedings are to be instituted subsequently, the only remedy with the department is to withheld the pension as dismissal ... Pension Rules, 1978 (Tamil Nadu), Rule 9 - Government Fundamental Rules (Tamil Nadu), Rule 56(1)(c) –Ambit of departmental proceedings ... and apart from that, the Government cannot withhold any other amount due to the Government Servant. ... .......
2013 0 Supreme(Cal) 572 • India - Calcutta
PRANAB KUMAR CHATTOPADHYAY, MURARI PRASAD SHRIVASTAVA
RECOVERY OF EXCESS PAYMENT - RETIRED GOVERNMENT SERVANT - WEST BENGAL SERVICES (DEATH-CUM-RETIREMENT BENEFIT) RULES, 1971, RULE ... , 1971, which provides for the recovery of government dues from a retiring government servant, was not applicable in the present ... Issues: Whether Rule 140 of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971, is applicable to the recovery ... to the learned Advoca....
2025 Supreme(Online)(CAT) 11594 • India - Central Administrative Tribunal
MR. AKHIL KUMAR SRIVASTAVA, JM, MRS. MALLIKA ARYA, AM
, once authorized post final assessment, cannot be revised to the disadvantage of the pensioner unless due to clerical error - Action ... (A) CCS (Pension) Rules, 1972 - Rule 70 - Reduction of pension with retrospective effect and recovery of excess payment - Pension ... (Paras 10 and 13) ... ... (B) Recovery of excess payment - Undertaking for refund of excess payment ... Further, Rule 59(b)(v) implies that “the Head of the Office may verify the correctness of emoluments only for the period of twenty-four months preceding the date of #....
2022 0 Supreme(All) 446 • India - Allahabad
SUNEET KUMAR
Civil Service Regulations - Article 351- A - Uttar Pradesh Government Servant (Discipline and Appeal) Rules ... of Medical and Health, Government of U.P, cannot be sustained as same has been passed without following mandate of Rule 7 of Rules ... of petitioner - Recovery, on charges being proved, can be made from pension after approval of Hon’ble Governor - Having regard to ... When a department enquiry is conducted against the Government servant it ....
1999 3 Supreme 138 • India - Supreme Court
J. JAGANNADHA RAO, A. S. ANAND, N. S. HEGDE
which is denied by the petitioner, that cannot be an excuse for the lethargy of the department inasmuch as the rules and instructions ... benefits with promptitude as laid down in Fundamental Rules-Process should start two years before retirement date-Government liable ... The exercise which was to be completed long before retirement was in fact started long after the petitioner’s retirement. ... This has to be done atleast 6 months before the date of retirement. Rule....
2022 0 Supreme(Bom) 381 • India - Bombay
R.D.DHANUKA, ABHAY AHUJA
Since we have held that departmental proceedings have been initiated from date of issuance of charge-sheet and after Petitioner’s retirement ... from service, then under Rule 27(2)(b)(i) of 1982 Rules, prior sanction of Government ought to have been taken before issuance of ... Petitioner with effect from which date Petitioner retired from service by superannuation - Having held that there was no sanction of Government ... date of retirement of a Government servant. ... of Go....
2013 0 Supreme(Pat) 82 • India - Patna
NAVANITI PRASAD SINGH
the mandatory nature of the Bihar Government Servant (Hindi Test) Rules, 1968, which require government servants to pass the Hindi ... Servant (Hindi Test) Rules, 1968, and the recovery of excess salary payments. ... Ratio Decidendi: The court held that the Bihar Government Servant (Hindi Test) Rules, 1968 are mandatory and require government ... Hindi Noting and Drafting Examination are examinations which have regularly been condu....
1988 0 Supreme(Gau) 114 • India - Gauhati
A.RAGHUVIR, S.N.PHUKAN
The Court held that a departmental proceeding against a retired government servant cannot be continued after his retirement under ... Whether a departmental proceeding against a retired government servant can be continued after his retirement under Rule 21 of the ... Fact of the Case: The petitioner, a retired government servant, challenged the order of the State Government converting ... On the date of his #HL_S....
1969 0 Supreme(SC) 409 • India - Supreme Court
K.S.HEGDE, J.C.SHAH
servant by the government at the government servants request. – It was held that in the case of dismissal of a public servant which ... R. 52 which says that the pay and allowances of a government servant who is dismissed or removed from service cease from the date ... earlier, the plaintiff was reinstated in service – Suit from which this appeal arises was instituted – That being so, the plaintiff cannot ... We know of no principle of law which proh....
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