Case Note & Summary
The writ petition was filed by the petitioner challenging the order of the subordinate judge regarding the recovery of excess salary amounting to Rs.1,21,671/- for the period from 20.12.2014 to 31.12.2022 and from 01.01.2023 to 31.10.2025. The petitioner, who was appointed as Night Watchman on 14.12.2009 and later promoted to Office Assistant on 15.12.2014, contended that the recovery was based on an internal audit finding of erroneous pay fixation. The court noted that unjust gain of public money is impermissible, and authorities have the power 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 ruling in State of Punjab v. Rafiq Masih, outlining situations where recovery of excess payments would be impermissible, particularly highlighting the undue hardship that could arise 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 - Constitution of India, Article 226 - The court held that recovery of excess salary after a long period without misrepresentation by the employee would cause undue hardship, thus setting aside the recovery order while confirming the revised pay fixation. (Paras 4-6).
Issue of Consideration
Whether the recovery of excess salary from the petitioner was justified under the circumstances.
Final Decision
The court partly allowed the writ petition, set aside the recovery order, and directed the respondents to repay the excess amount within 12 weeks.
Law Points
- Writ of certiorari
- recovery of excess salary
- pay fixation errors
- principles of hardship in recovery
- audit objections
