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 …
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 …
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 …
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 …
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, …
