Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court
1 week, 1 day 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 without any authority of law can always be recovered. was relied upon by the court wherein the Supreme Court held that the authorities cannot deduct nor can seek for refund of the excess amount paid due to the erroneous fixation of scale of pay from the retiral benefits unless the employee had committed the act of fraud or misrepresentation. The Supreme Court held that as officer had given an undertaking at the time of availing the scale of pay, therefore exception given in Rafiq Masih case will not apply.

High Court Pay Case Employee Ors Cas Paid Excess Scale Retiral Benefits Court Held Pay Scale Excess Amount Rafiq Masih Erroneous Fixation  scale  court  held  high  employer  paid  case  ors  pay  employee  retiral  cas  fixation  excess  erroneous

History of this topic

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates
1 week, 2 days 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 weeks, 6 days 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 …

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court
3 weeks, 6 days 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
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 …

High Court Rules in Favor of State Employee, Biswa Bhusan Nandi
2 months, 3 weeks 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
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

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 …

Implementation Of Pay Scales Involves Executive Discretion, Courts Can't Intervene Unless There Is Illegality Or Glaring Irregularity: Delhi High Court
8 months ago

Implementation Of Pay Scales Involves Executive Discretion, Courts Can't Intervene Unless There Is Illegality Or Glaring Irregularity: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Chandra Dhari Singh held that implementation of revised pay scales involves executive discretion and courts do not have the authority to intervene unless there is evidence of illegality or a glaring irregularity. The case involved allegations against the Municipal Corporation of Delhi for failure to implement an enhanced pay scale for its …

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

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 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, …

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court
2 years ago

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court

Live Law  

The Calcutta High Court has held that criminal proceedings cannot be initiated for recovery of amount due under an arbitration award. The bench of Justice Tirthankar Ghosh held that a party aggrieved by non-payment of amount due under a post award settlement agreement should not resort to filing a criminal case by giving a civil dispute criminal colour as the …

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