Correctness Of Emoluments In Final 24 Months Before Retirement Is Indisputable For Retiral Benefits: J&K High Court
1 week, 4 days ago

Correctness Of Emoluments In Final 24 Months Before Retirement Is Indisputable For Retiral Benefits: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that emoluments drawn by an employee during the final 24 months of service cannot be questioned when calculating retiral benefits. However, in 2005, following complaints by the Judicial Staff Welfare Association regarding salary anomalies, the High Court directed Principal District and Sessions Judges to retrospectively re-fix the salaries of Process Servers to align with the revised scales from April 1990. After scrutinising the case's factual and legal complexities, the Court noted the employer's negligence in implementing its 2005 directive as despite instructions to re-fix the salaries of Process Servers, the Principal District & Sessions Judge, Kathua had failed to act, allowing the petitioner to draw enhanced emoluments and receive subsequent promotions. Clarifying that any excess payments received by the petitioner were due to employer negligence rather than any act or omission on his part the court said that the employer's failure to comply with directives and the subsequent inaction for nearly two decades could not be used to penalize the petitioner post-retirement.

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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 …

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