#post-retirement recovery

The Madhya Pradesh High Court quashed the recovery of Rs. 3.02 lakh from a retired government employee, holding that state circulars prohibit such deductions if retirement is due within one year of the recovery order. This reinforces a strict timeline for departmental recoveries and protects pensioners from arbitrary post-service adjustments, setting a clear precedent for all state employees.

The Madhya Pradesh High Court has barred recovery of excess pension payments made more than five years after retirement, holding that delayed verification under Rule 59 and failure to issue NOC within one month of retirement extinguishes the state’s claim. This ruling reinforces the Rafiq Masih principle that administrative delays cannot be used to impose retrospective financial burdens on retirees, protecting thousands of government pensioners from arbitrary clawbacks.

The Madhya Pradesh High Court ruled that recovery of excess pension after 5 years of retirement violates natural justice and the Supreme Court's Rafiq Masih precedent. The court quashed the recovery order and directed a full refund within 30 days, reinforcing strict timelines for pension finalization under the MP Civil Services (Pension) Rules, 1976.

Madhya Pradesh High Court rules that recovery of Rs. 1,56,086 from a retired employee's gratuity violates the Supreme Court's Rafiq Masih judgment and state circulars mandating finalization of pension cases before retirement. The court emphasized that post-retirement recoveries without prior notice or hearing breach principles of natural justice and administrative law.

Allahabad High Court holds that post-retirement recovery of embezzled funds under Article 351A CSR requires Governor's sanction and fresh disciplinary proceedings, not prior fact-finding inquiries.

Madhya Pradesh High Court holds that post-retirement recovery of dues violates Rafiq Masih and Jagdish Prasad Dubey precedents, mandating refund with interest if entitlement is established.