Case Note & Summary
The petitioners, the High Court Gazetted Officers Association and its General Secretary, filed a writ petition challenging a letter dated 14.08.2007 issued by Respondent No. 2 (Principal Secretary, Law and Judiciary Department) for recovery of amounts paid to members of the association as Transport Allowance (TA) for the period from October 1998 to December 2003. The petitioners contended that the TA was paid to government employees staying in 'A' class city and that the members were not responsible for any excess payment. The respondents argued that the payment was in contravention of Government Resolution dated 11.12.1998. The court, after hearing both sides, held that recovery of excess payment from employees who did not misrepresent or commit fraud is unjust. The court quashed the impugned letter and directed that no recovery be made from the petitioners.
Headnote
A) Service Law - Recovery of Excess Payment - Transport Allowance - Recovery of amounts paid to employees without any misrepresentation or fraud on their part is unjust and cannot be sustained - The court held that the employees were not responsible for the excess payment and recovery would cause hardship (Paras 4-6).
Issue of Consideration
Whether the recovery of excess Transport Allowance paid to employees for the period October 1998 to December 2003, without any misrepresentation or fraud on their part, is sustainable in law.
Final Decision
The court quashed the impugned letter dated 14.08.2007 and directed that no recovery be made from the petitioners.
Law Points
- Recovery of excess payment from employees without misrepresentation or fraud is unjust
- Government Resolution dated 11.12.1998
- Compensatory Local Allowance
- Transport Allowance
