Case Note & Summary
The writ petition was filed by a petitioner with 70% disability, who was appointed as an Office Assistant on compassionate grounds and later served in various posts within the judicial department. The petitioner had received an increment sanctioned from 09.12.2010, but an internal audit in November 2021 revealed that this increment was erroneously sanctioned, leading to an excess payment of Rs.5,28,035/-. Despite the petitioner submitting representations for waiver of the recovery due to financial difficulties, the respondents initiated recovery proceedings. The impugned order dated 26.11.2025 revised the petitioner's pay to Rs.29,500/- effective from 01.01.2026 and ordered recovery of the excess payment in 101 monthly installments. The court noted that while unjust gain of public money is impermissible, 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, which outlined situations where recovery of excess payments would be impermissible, particularly emphasizing the undue hardship that recovery would impose on the petitioner after many years. Ultimately, the court confirmed the pay revision but set aside the recovery order, directing the respondents to repay the excess amount within 12 weeks. The writ petition was partly allowed, with no costs awarded.
Headnote
A) Employment Law - Recovery of Excess Salary - Recovery of excess salary from employees with disabilities - Article 226 of the Constitution of India - The court held that recovery of excess salary after a significant lapse of time would cause undue hardship to the employee, especially considering the absence of misrepresentation. The recovery order was quashed while confirming the pay revision (Paras 6-7).
Issue of Consideration
Whether the recovery of excess salary from the petitioner was justified under the circumstances.
Final Decision
The court confirmed the pay revision but quashed the recovery order, directing repayment of the excess amount within 12 weeks.
Law Points
- Writ of Certiorarified Mandamus
- recovery of excess pay
- principles of hardship
- pay fixation errors
