Recovery Of Excess Pension Payments From Retired Class-III Employee Impermissible: Patna HC
1 day, 21 hours ago

Recovery Of Excess Pension Payments From Retired Class-III Employee Impermissible: Patna HC

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Patna High Court: A Single Judge Bench consisting Justice Purnendu Singh allowed a writ petition that challenged the recovery of excess pension payments made to a retired Central Industrial Security Force Sub-Inspector. Following State of Punjab v. Rafiq Masih, the court ruled that recovery of excess payments from Class-III employees is impermissible when the error is administrative and not due to employee misrepresentation. Citing State of Punjab v Rafiq Masih 4 SCC 334, he argued that recovery from retired Class-III employees is impermissible especially when such employees rely on their pensions for livelihood and committed no misrepresentation or fraud. : Civil Writ Jurisdiction Case No.11407 of 2024| Pramod Kumar Sinha v. Union of India Counsel for the Petitioner: Mr. Gajendra Pratap Singh Counsel for the Respondents: Mr. Krishna Nandan Singh, Mrs. Punam Kumari Singh, and Mr. Amarjeet

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History of this topic

Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC
4 weeks, 2 days ago

Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC

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Madhya Pradesh High Court : A single judge bench of Justice Anil Verma set aside a recovery order against a retired Class III employee, Hari Shankar Soni. Arguments The petitioner argued that the recovery order was contrary to the Supreme Court's ruling in State of Punjab v. Rafiq Masih SC 696), as the ruling prohibits recoveries from retired Class III …

Recovery Of Excess Payments Made To Retired Employee, Without Fraud Or Misrepresentation On Their Part, Is Impermissible : Calcutta High Court
1 month ago

Recovery Of Excess Payments Made To Retired Employee, Without Fraud Or Misrepresentation On Their Part, Is Impermissible : Calcutta High Court

Live Law  

A division bench of the Calcutta High Court comprising of Justice Harish Tandon and Justice Prasenjit Biswas, while deciding an appeal held that recovery of alleged excess payments made to a retired employee, without fraud or misrepresentation on their part, is impermissible. The case of Thomas Denial vs. State of Kerala was relied upon by the court, wherein the Supreme …

Recovery Of Excess Payment From Lower-Rung Employees Violates Article 14: Patna HC Imposes Rs 5 Lakh Penalty On Child Development Project Officer
1 month, 3 weeks ago

Recovery Of Excess Payment From Lower-Rung Employees Violates Article 14: Patna HC Imposes Rs 5 Lakh Penalty On Child Development Project Officer

Live Law  

The Patna High Court has reiterated that recovering excess payments from employees in the lower service tiers, such as Class-III and Class-IV staff, is iniquitous and would place an undue burden on them, exceeding any reciprocal benefit to the employer. Justice Purnendu Singh, presiding over the matter, emphasised, “employees in lower rung of service would spend their entire earnings in …

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
5 months, 2 weeks ago

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs

Live Law  

The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law. Consequently, without affording any opportunity of hearing to the petitioner, the …

Excess Salary Paid Due To Wrong Interpretation Of Rules Can't Be Taken Back From Retd Employee: J&K High Court Quashes Recovery Order
7 months, 3 weeks ago

Excess Salary Paid Due To Wrong Interpretation Of Rules Can't Be Taken Back From Retd Employee: J&K High Court Quashes Recovery Order

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Quashing a recovery order passed by the Srinagar Development Authority directing a retired employee, Mohammad Ramzan Tantray, to return the excess amount paid due to a mistake in his pay scale upgrade the Jammu and Kashmir and Ladakh High Court today ruled that recovery of excess amount paid to an employee due to a mistake or wrong interpretation of rules …

Excess Payment Made To Govt Employee Without His Fault Can't Be Recovered From His Leave Encashment Benefits After Retirement: Orissa High Court
10 months, 2 weeks ago

Excess Payment Made To Govt Employee Without His Fault Can't Be Recovered From His Leave Encashment Benefits After Retirement: Orissa High Court

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The Orissa High Court has held that excess payment made to a government employee cannot be recovered by the employer from his 'leave encashment benefits' after his retirement, especially when it is apparent that the excess payment was erroneously made by the employer without any fault on the part of the employee. Granting relief to a former Mail Man in …

Calcutta High Court Directs State-Owned Corporation To Refund Overdrawn Amount Deducted From Group C Employee's Retiral Benefits
1 year, 9 months ago

Calcutta High Court Directs State-Owned Corporation To Refund Overdrawn Amount Deducted From Group C Employee's Retiral Benefits

Live Law  

The Calcutta High Court recently directed the State Government to pay the overdrawn amount to a Group ‘C’ employee which was recovered post his retirement on the ground that the said recovery by the employers was in violation of the ratio laid down by the Supreme Court in the State of Punjab and Ors. The Counsel appearing for the petitioner, …

Employees Can't Be Held Responsible If Employer Grants Terminal Benefits In Excess Of Their Entitlement: Gujarat High Court Quashes Recovery Order
2 years, 5 months ago

Employees Can't Be Held Responsible If Employer Grants Terminal Benefits In Excess Of Their Entitlement: Gujarat High Court Quashes Recovery Order

Live Law  

The Gujarat High Court has set aside an order of the Ahmedabad Municipal Corporation directing recovery of Rs. 63,878 from its former employee on the ground that the terminal benefits were wrongly granted to him at a higher pay-scale than he was entitled to.Justice Biren Vaishnav relied on several decisions of the High Court where it was held that when …

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