#excess pay recovery

CAT Cuttack rules that recovery of excess pay from Group-C employees-even due to departmental error-is impermissible under Jogeswar Sahoo v. Dist. Judge, as it violates principles of natural justice and Articles 14 & 16 of the Constitution. The ruling protects low-ranking employees from arbitrary deductions without prior notice or opportunity to be heard.

MP High Court rules that recovery of excess pension payments from Class-III employees is illegal if no voluntary undertaking exists and the recovery spans over five years. The court mandates refund of recovered amounts with interest, reinforcing natural justice principles in government-employee interactions.

Chhattisgarh High Court quashes recovery of Rs. 2.13 lakh from a Class-III constable, reaffirming the Supreme Court’s Rafiq Masih judgment that prohibits recovery of erroneous payments from Group C/D employees. The ruling underscores natural justice and financial protection for low-income public servants, even in cases of prolonged administrative errors.

Madhya Pradesh High Court rules that recovery of excess pay from retired government servants under Rule 65-66 of the MP Civil Services Pension Rules is unenforceable unless fraud or misrepresentation is proven. The judgment reinforces that forced undertakings cannot override procedural compliance and protects pensionary benefits from administrative recovery.

CAT holds recovery of excess MACP benefits after a decade is iniquitous; reaffirms Supreme Court's Rafiq Masih doctrine protecting retired employees from retrospective deductions.

Chhattisgarh High Court upholds recovery of excess pay granted due to non-completion of mandatory training, clarifying limits of Rafiq Masih and affirming N.M. Raut principles.