Case Note & Summary
The writ petition was filed to challenge an order dated 24.11.2025, which directed the recovery of excess pay amounting to Rs. 2,51,783/- from the petitioner, K. Suguna, for the period from 03.04.2006 to 30.11.2022 and from 01.12.2022 to 31.10.2025. The petitioner, who was appointed as an Examiner in 1992 and later promoted to Junior Assistant in 2008, contested the recovery based on an internal audit that identified an error in salary fixation. The court noted that unjust gain of public money is impermissible, allowing authorities to rectify pay fixation errors. However, it emphasized that the respondents failed to prove any misrepresentation by the petitioner during the pay fixation process. The court referenced the Supreme Court's decision in State of Punjab v. Rafiq Masih, which outlined situations where recovery of excess payments would be impermissible, particularly highlighting the hardship that could result from such recoveries after a significant lapse of time. Ultimately, the court confirmed the revised pay fixation but set aside the recovery order, directing the respondents to repay the excess amount within 12 weeks. The writ petition was partly allowed, and the connected miscellaneous petition was closed without costs.
Headnote
A) Employment Law - Recovery of Excess Salary - Justification for Recovery - Article 226 of the Constitution of India - The court held that recovery of excess salary after a long period would cause extreme hardship to the employee, and thus, the recovery was impermissible. The court confirmed the revised pay fixation but set aside the recovery order, directing repayment of the excess amount within 12 weeks (Paras 6-7).
Issue of Consideration
Whether the recovery of excess pay from the petitioner was justified under the circumstances.
Final Decision
The court confirmed the revised pay fixation but set aside the recovery order, directing repayment of the excess amount within 12 weeks from the receipt of the order.
Law Points
- Writ of certiorari
- recovery of excess pay
- principles of hardship
- pay fixation errors
