State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court
3 months, 2 weeks ago

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court

Live Law  

The division bench in the Calcutta High Court, comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta held that the state is not entitled to recover excess amount paid to a retired officer if that amount was paid to the employee due to mistake on the state's part. Despite this the petitioner's higher pay salary was not adjusted with his current position until his retirement in the year 2019, wherein the state sought to recover the excess amount he received from his salary. It was contended by the petitioner that, firstly the state government has made a fault from their side by paying him the excess amount based on his last drawn salary from the Indian air force, despite the circular dated September 22, 1995. Findings and observations of the court It was observed by the court that despite the protection granted by West Bengal Administrative tribunal, the state continued with its erroneous mistake of providing with the highest pay scale to the petitioner rather than reverting to the fixed pay scale as per the circular dated 1995, which was a mistake on the part of the state.

High Court Court State High Paid Petitioner Mistake Calcutta High Court Recover Excess Pay Excess Amount Pay Salary  retired  high  recover  entitled  excess  pay  salary  mistake  petitioner  court  petitioners  paid  officer  state  recovery  states

History of this topic

Calcutta High Court Orders Freeze On Salaries Of Top Civic Officials Over Non-Payment Of Retiree's Dues Since 2018
2 months, 1 week ago

Calcutta High Court Orders Freeze On Salaries Of Top Civic Officials Over Non-Payment Of Retiree's Dues Since 2018

Live Law  

The Calcutta High Court has ordered a freeze on the salaries of the Executive Officer and Finance Officer of Murshidabad Municipality, West Bengal due to non-payment of pensionary dues to one of its employees since 2018. The court also directed that the honorarium paid to the Chairman of the Municipality be withheld till the entire dues of the petitioner were …

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court
2 months, 1 week ago

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court

Live Law  

The Calcutta High Court has held that the direction of payment of back wages is discretionary and it vests a court with the authority to consider the totality of facts and circumstances in any individual case. “Direction towards payment of back wages is a discretionary power which has to be exercised by a court keeping in mind the facts in …

'Recovery Of Excess Amount From Retired Employee For Period More Than Five Years Before Order Of Recovery Is Impermissible', Patna High Court
2 months, 2 weeks ago

'Recovery Of Excess Amount From Retired Employee For Period More Than Five Years Before Order Of Recovery Is Impermissible', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justice Arvind Singh Chandel allowed a Petition challenging an Order of Recovery from a Retired Clerk who was paid an excess amount due to alleged wrong pay fixation. The Court reiterated that the recovery of excess amount paid by mistake is not permissible in cases where the recovery is made in …

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court
2 months, 4 weeks ago

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court

Live Law  

A division bench of the Calcutta High Court comprising of Justice Harish Tandon & Justice Prasenjit Biswas held that the employer cannot deduct or adjust the excess amount paid to the employee on erroneous fixation of pay scale from the retiral benefits. was relied upon by the court wherein the Supreme Court held that any amount paid to the employee …

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates
2 months, 4 weeks ago

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

Live Law  

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in …

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court
3 months, 2 weeks ago

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court

Live Law  

The division bench in the Calcutta High Court, comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta held that the state is not entitled to recover excess amount paid to a retired officer if that amount was paid to the employee due to mistake on the state's part. Despite this the petitioner's higher pay salary was not adjusted with his …

Recovery Of Excess Payments Made To Retired Employee, Without Fraud Or Misrepresentation On Their Part, Is Impermissible : Calcutta High Court
3 months, 3 weeks 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 …

High Court Rules in Favor of State Employee, Biswa Bhusan Nandi
5 months, 1 week ago

High Court Rules in Favor of State Employee, Biswa Bhusan Nandi

Live Law  

The Calcutta High Court has ruled that state employees should not be made to suffer due to procedure when they attempt to claim their retirement benefits. The court held that fairness and reasonableness are paramount issues for administrative action and that the State must conduct itself with high probity and candour and ensure that its employees do not succumb to …

Excess Salary Paid Due To Wrong Interpretation Of Rules Can't Be Taken Back From Retd Employee: J&K High Court Quashes Recovery Order
10 months, 2 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

Live Law  

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 …

Unjustified To Recover From Employees Any Excess Payment, In Case Of Inordinate Delay In Initiating The Recovery: Madras High Court
10 months, 2 weeks ago

Unjustified To Recover From Employees Any Excess Payment, In Case Of Inordinate Delay In Initiating The Recovery: Madras High Court

Live Law  

A Single Judge bench of the Madras High Court comprising of Hon'ble Justice Battu Devanand while deciding a Writ Petition in the case of V. Radhakrishnan v. State of Tamil Nadu held that it would be unjustified to recover from employees any excess payment made to them by mistake and where there had been inordinate delay in initiating the recovery. …

Recovery Of Excess Payment To Employee On Ground Of Erroneous Pay Scale, Cannot Be Made At End Of Service: Calcutta High Court
10 months, 2 weeks ago

Recovery Of Excess Payment To Employee On Ground Of Erroneous Pay Scale, Cannot Be Made At End Of Service: Calcutta High Court

Live Law  

A single judge bench of the Calcutta High Court comprising of Hon'ble Justice Rajasekhar Mantha, while deciding Writ Petition in the case of Badal Kumar Mandal vs. Chairman Indian Museum Board Of Trust And Ors., held that irrespective of whether the upgradation of pay scale and posts is made contrary to law, recovery of any excess payment received by the …

Excess Payment Made To Govt Employee Without His Fault Can't Be Recovered From His Leave Encashment Benefits After Retirement: Orissa High Court
1 year, 1 month ago

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

Live Law  

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: “Jobs are being sold like a commodity”
1 year, 10 months ago

Calcutta high court: “Jobs are being sold like a commodity”

Hindustan Times  

When the Calcutta high court last week cancelled the appointments of 32,000 primary school teachers recruited in 2016 by the West Bengal Board of Primary Education for allegedly violating recruitment norms, the single-judge bench observed that “jobs were sold like a commodity.” It was probably the highest number of jobs cancelled by any court in India in one go till …

Calcutta High Court Directs State-Owned Corporation To Refund Overdrawn Amount Deducted From Group C Employee's Retiral Benefits
1 year, 11 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, …

Motor Accident Compensation : SC To Consider If Retrospective Pay Revision Of Govt Employee After Death Should Be Taken Into Account
4 years, 2 months ago

Motor Accident Compensation : SC To Consider If Retrospective Pay Revision Of Govt Employee After Death Should Be Taken Into Account

Live Law  

Whether pay revision applied retrospectively after the date of demise of a Government/public authorities employee is a factor taken into account while computing the monthly emoluments of the deceased for the purpose of determining compensation to him/her? The Supreme Court has issued notice in a special leave petition which raises this issue.The SLP challenges the Kerala High Court judgment. The …

SC Orders 20 Lakhs Compensation To Compulsorily Retired Judicial Officer [Read Order]
5 years, 6 months ago

SC Orders 20 Lakhs Compensation To Compulsorily Retired Judicial Officer [Read Order]

Live Law  

The Supreme Court has granted Rupees Twenty Lakhs compensation to a former judicial officer who was compulsory retired. He moved High court by filing a writ petition and it was found that no case for imposing punishment was made out against him. In the appeal filed by him, the bench comprising of Justice Deepak Gupta and Justice Aniruddha Bose disapproved …

Recovery After Retrospective Pay Revision Post-Retirement/Superannuation Not Permissible Under Law: Bombay HC [Read Judgment]
6 years, 10 months ago

Recovery After Retrospective Pay Revision Post-Retirement/Superannuation Not Permissible Under Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that recovery of money after retrospective pay revision after retirement or superannuation is not permissible in law and granted relief to a retired teacher of a municipal school.A bench of Justice BR Gavai and Justice Bharati Dangre was hearing a writ petition filed by the teacher.Case BackgroundThe teacher, Grace Pampoorickal, was appointed as an …

Retired employee bound by undertaking to adjust any excess payment made to him: SC [Read Judgment]
8 years, 7 months ago

Retired employee bound by undertaking to adjust any excess payment made to him: SC [Read Judgment]

Live Law  

The Supreme Court in HIGH COURT OF PUNJAB &HARYANA VS. JAGDEV SINGH, has set aside a judgment of Punjab and Haryana High Court which had allowed a Writ petition preferred by a retired Judicial officer wherein it held that the excess payment made to a retired employee towards salary and allowance prior to his retirement could not be recovered after …

Retired employee bound by undertaking to adjust any excess payment made to him: SC [Read Judgment]
8 years, 7 months ago

Retired employee bound by undertaking to adjust any excess payment made to him: SC [Read Judgment]

Live Law  

The Supreme Court in HIGH COURT OF PUNJAB &HARYANA VS. JAGDEV SINGH, has set aside a judgment of Punjab and Haryana High Court which had allowed a Writ petition preferred by a retired Judicial officer wherein it held that the excess payment made to a retired employee towards salary and allowance prior to his retirement could not be recovered after …

A person is not entitled to back wages during the period from the date of his dismissal on account of his conviction in a Criminal Case till the date of his reinstatement after his acquittal; Calcutta
8 years, 10 months ago

A person is not entitled to back wages during the period from the date of his dismissal on account of his conviction in a Criminal Case till the date of his reinstatement after his acquittal; Calcutta

Live Law  

Calcutta High Court has recently held that a person is not entitled to back wages for the period during which he was out of service due to dismissal from service by reason of his conviction under Section 498A of the Indian Penal Code and subsequent reinstatement in service upon his acquittal by the Appellate Court.In this Case the Petitioner was …

Discover Related