Case Note & Summary
The writ petition was filed by the petitioner challenging an order dated 24.08.2026, which directed the recovery of excess salary paid to her. The petitioner was appointed as a Copyist in the Court of Judicial Magistrate on 25.02.2007 and later promoted to Head Clerk. The recovery notice was issued following an objection from the Internal Audit Wing regarding her pay fixation. The court noted that unjust gain of public money is impermissible, allowing authorities to rectify pay errors. However, it found that the officials could not prove any misrepresentation by the petitioner during the pay fixation process. The court highlighted that recovering excess salary after many years would lead to extreme hardship for the employee. Citing the Supreme Court's ruling in State of Punjab vs. Rafiq Masih, the court outlined situations where recovery would be impermissible, including cases involving Class III and IV employees and those where excess payments were made for over five years. Ultimately, the court confirmed the revised pay but set aside the recovery order, directing that any excess amount recovered be repaid to the petitioner within 12 weeks. The writ petition was partly allowed, and the connected miscellaneous petitions were closed.
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 significant lapse of time would cause undue hardship to the employee, and the error was not due to any misrepresentation by the employee. The court emphasized that the authorities must rectify pay fixation errors without penalizing the employee for administrative mistakes. Held that recovery was impermissible (Paras 3-6).
Issue of Consideration
Whether the recovery of excess salary from the petitioner was justified under law.
Final Decision
The court partly allowed the writ petition, set aside the recovery order dated 24.08.2026, and directed the repayment of any excess amount recovered within 12 weeks.
Law Points
- Recovery of excess salary
- Pay fixation errors
- Public money
- Legal principles on recovery
- Hardship to employees
