Tuesday, May 3, 2022

Recovery of excess increments paid to employee due to wrong interpretation of service rules unjustified: Supreme Court

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A Division Bench of Justices S Abdul Nazeer and Vikram Nath stated that such recoveries are more unfair, wrongful, improper and unwarranted than the corresponding right of the employer to get the amount.

"This relief against the recovery is granted not because of any right of the employees but in equity, exercising judicial discretion to provide relief to the employees from the hardship that will be caused if the recovery is ordered," the Court observed.

Reliance was placed by the apex court on its decisions in Sahib Ram v. State of Haryana and Others (1995)Col BJ Akkara (Retd.) v. Government of India and Others (2006)Syed Abdul Qadir and Others v. State of Bihar and Others (2009) and State of Punjab and Others v. Rafiq Masih (White Washer) and Others (2015), where it had consistently granted relief against recovery of the excess wrong payment of emoluments/allowances from an employee.

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