Can’t Recover Excess Payment Made To Retired Class III Employee When Such Payment Has Been Made 16 Years Before Issuance of Recovery Order: Patna HC
A retired Clerk had approached the Patna High Court challenging the Recovery Order issued by the District Programme Officer (Establishment), Nalanda.
The Patna High Court quashed an order of recovery of over Rs 2 lakh in a case wherein the alleged excess payment had been made to a retired Class III employee more than 16 years prior to the order of recovery.
The Petitioner had approached the High Court challenging the Order issued by the District Programme Officer (Establishment), Nalanda whereby and whereunder the money worth Rs 2,17,738 had been adjusted from the retiral benefits of the petitioner.
The Single Judge Bench of Justice Arvind Singh Chandel said, “The alleged excess payment has been made to the petitioner since 01.07.2007 which is more than 16 years prior to the order of recovery. It is not the case of the respondents that there has been any misrepresentation made by the petitioner for getting the said erroneous pay scale.”
Advocate Prabhakar Sahai represented the Petitioner while Advocate H S Goldie represented the Respondents.
Facts
The Petitioner, in this case, was appointed as a clerk on compassionate grounds in the office of the District Superintendent of Education, Nalanda in 1990. After completion of the stipulated period, he received the benefit of MACPs in three years. He retired from his post in the year 2023 and his pension was verified from the office of the Accountant General. Thereafter, the District Programme Officer instructed the Treasury Officer to adjust the amount of Rs 2,17,738 from the retiral dues of the petitioner as it was given due to wrong pay fixation in favour of the petitioner. Hence, this petition had been filed.
Reasoning
The Bench, at the outset, noted that the admittedly, the petitioner retired from the post of Clerk, which is a Class III post. The alleged excess payment had been made to the petitioner more than 16 years prior to the order of recovery.
Reliance was placed upon the judgment in State of Punjab & Others v. Rafiq Masih (White Washer) (2015) wherein while dealing with the case of Class III/Class IV employees, the Apex Court held that recovery from employees who have retired from service is impermissible when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
“Taking into consideration the aforesaid situation and comparing the same with the facts of the present case, I am of the opinion that the case of the petitioner stands squarely covered by the Supreme Court in the case of Rafiq Masih (supra)”, the Bench said while allowing the petition and directing the refund of the amount that had been recovered till now.
Cause Title: Kamlesh Prasad v. State Of Bihar (Case No.: Civil Writ Jurisdiction Case No 1161 of 2024)
Appearance:
Petitioner: Advocate Prabhakar Sahai
Respondent: Advocate H S Goldie
