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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 barred recovery of erroneous overpayments from Class-III employees, even when no fault is attributed to them, reinforcing the Supreme Court’s Rafiq Masih ruling. The judgment mandates refund with interest if recovery is delayed, protecting lower-grade employees from financial hardship due to administrative errors.
MP High Court rules that recovery of erroneous pay fixation from retiral benefits of Class-III employees violates service law principles, directing refund of Rs. 1.27 lakh with 6% interest. The judgment reaffirms that indemnity bonds or consent letters cannot override judicial precedents protecting lower-tier employees from administrative errors.
The Chhattisgarh High Court quashed the recovery of Rs. 60,510 from a retired Class-III employee, ruling that delay of over four years in detecting payroll errors bars recovery under the Rafiq Masih precedent. This reinforces that public employers cannot claw back overpayments after unreasonable delays, even after retirement, protecting low-income service retirees from financial hardship.
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.