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Madhya Pradesh High Court reinforces that recovery of government dues older than five years is barred under the Rafiq Masih judgment, mandating a prior hearing. The ruling protects employees from retrospective financial liabilities without due process, setting a critical precedent for service law and public body interactions.
The Madhya Pradesh High Court quashed the recovery of Rs. 1.78 lakh from a retired Class-IV employee, holding that employer-side errors cannot justify deduction under the Supreme Court’s Rafiq Masih precedent. It ordered full reimbursement with 6% interest and imposed costs on the erring officer, reinforcing that natural justice protects low-level government staff from retrospective financial penalties.
The Himachal Pradesh High Court applied the Supreme Court's Rafiq Masih ruling to shield a retired Class-IV employee from recovery of Rs. 1,00,528, reinforcing that low-grade public servants and retirees cannot be subjected to retrospective financial clawbacks. The judgment underscores equity in administrative law, protecting vulnerable employees from undue hardship.
The Calcutta High Court ruled that a bank cannot recover Rs. 17.66 lakh in overpaid family pension from a terminally ill heir suffering renal failure, holding that administrative negligence by the state and bank cannot be imposed on an innocent, vulnerable beneficiary. The decision reinforces that equitable principles override contractual undertakings when recovery would cause gross injustice to a dependent with no control over the error.
Patna High Court holds that recovery of excess salary paid to railway employee for over 17 years is impermissible under Rafiq Masih precedent, reinforcing five-year limit.