...filed by the appellant employee, from whom excess amount of salary, which had been paid by mistake is sought to be recovered and whose pension is also sought to be reduced.2...action of the respondent employer with regard to recovery of the excess salary paid and reduction in the pension was justified.5. It had been submitted by the learned counsel..., the High Court was not correct while permitting the respondent authorities to reduce the pension payable to the appellant by not setting aside the order whereby excess amount of salary paid to the...

...thereafter the salary of the principals/teachers concerned shall be issued and further deposit the challan in respect of excess payment in the treasury. The teachers whose pay has been wrongly fixed...follows:“In the condition of irregular/wrong pay fixation, the institution shall be responsible for recovery of the amount received in excess from the salary/pension....”The appellants are further bound by that condition as well. The facts, mentioned hereinabove, would clearly demonstrate that the excess salary was paid due to...

...the authorities and now after the petitioner has retired on 30.06.2010, recovery of the excess salary so paid is being effected and deductions from Gratuity amount has been made. Hence this petition....According to the petitioner he had neither misrepresented nor he played any fraud in payment of L.T Grade in the year 1986, therefore, any excess salary paid because of mistake of the...the excess salary paid to the petitioner can be made. It is ordered accordingly. Any deductions made must be returned to the petitioner within four weeks from the date a certified copy of this order...

..., Mangaldai, Assam that the excess salary was paid to the petitioner because of any fault of his or because of any overt act on his part, which had contributed to such payment of excess salary. In the...absence of any such material, it can be concluded that the excess salary was paid to the petitioner because of no fault of his.6. The law in this respect has been settled by the Hon'ble...State of Punjab v. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334, wherein it had been held that in the event an excess salary is paid to an employee during h...

...Officer in the Directorate of Pension, Assam that the excess salary was paid to the petitioner because of any fault of his or because of any overt act on his part, which had contributed to such payment of...excess salary. In the absence of any such material, it can be concluded that the excess salary was paid to the petitioner because of no fault of her.6. The law in this respect has been...State of Punjab v. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334, wherein it had been held that in the event an excess salary is paid to an employee...

...conclusion of the Finance and Accounts Officer in the Directorate of Pension, Assam that the excess salary was paid to the petitioner because of any fault of her or because of any overt act on her...part, which had contributed to such payment of excess salary. In the absence of any such material, it can be concluded that the excess salary was paid to the petitioner because of no fault of her...event an excess salary is paid to an employee during his service tenure because of no fault of his, such excess payment cannot be recovered from the retirement benefits.7. The aforesaid...

...aside the order insofar as it relates to the recovery to excess salary paid to the petitioners therein. The said order reads as follows:5. When this matter is taken up for hearing, the...consequential recovery of the excess salary paid to the petitioner, now, the petitioners 1, 6, 8, 10, 23, 24 & 29 do not press for any adjudication in respect of the revision of selection grade. However..., they press for adjudication only in respect of the recovery of excess salary paid to the petitioners 1, 6, 8, 10, 23, 24 & 29.6. The learned counsel for the petitioners 1, 6, 8, 10, 23...

...sought to be made being excess salary paid to the petitioner after he attained the age of superannuation on 30.6.2008 Learned Counsel contends that the petitioner had worked and he had not been served with...of the petitioner and to receive payment to which he is entitled treating him to retire after adjusting the excess salary which is said to be recovered under the impugned order within 3 months.Petition Disposed Off....receive the salary after having attained the age of superannuation. Salary is paid for services rendered in accordance with rules. Any service rendered beyond the period of retirement is in violation of...

...petitioner is aggrieved by a communication dated 1 February, 2019 from the teacher-in-charge calling upon the petitioner to refund the alleged excess salary to the Government treasury and report the...same to the Secretary, Managing Committee of the school. The excess salary demanded is Rs. 3,42,395/- upto December, 2018. The letter refers to a decision of the Managing Committee dated 19 January..., 2019 and in default of the refund of excess salary, the petitioner has been threatened that his salary would be stopped.4. Learned counsel for the petitioner relies on the West Bengal...

...the Special Court (Vigilance), Thrissur alleging that they had unauthorisedly drawn excess salary and other benefits, and that the said unlawful enrichment by drawing excess salary and benefits will...enquiry. After such enquiry, the Vigilance and Anti-Corruption Bureau (VACB) submitted a Quick Verification Report to the effect that the salary and other benefits drawn in excess by the petitioner will...482 Cr.P.C. quashing the F.I.R. and further proceedings in the said crime.2. The VACB was required by this Court to report how merely drawing excess salary and benefits would...

...circumstances, the alleged excess salary cannot be recovered. Further the impugned order was passed even without notice or any opportunity. Having considered the grievance and also following the judgment of...recovery proceedings. The said order is put in issue in this appeal.3. As far as the recovery of excess salary, or excess payment made to an employee, the law is well settled. If the...arrears due with effect from 01.01.1991 was also extended to the petitioner. However, by proceedings of the Executive Engineer, Public Works Department, dated 23.10.2002 directed recovery of excess payment...

...excess salary paid to the writ petitioner from 11.12.2006. 2. The Internal Audit Wing of the Madras High Court raised an...raised an objection, actions are initiated to recover the excess salary paid to the writ petitioner with effect from 11.12.2006. The respondents could not able to establish any misrepresentation on the...is receiving one increment from 11.12.2006 i.e., for the past more than two decades. 4. That being so, the recovery of excess salary alone is to be set aside. Accordingly...

...and also for recovery of the excess salary paid to the appellant for the period during which he was working on the clerical post.6. The appellant, after receipt of the show...post that was offered to the appellant and further for recovery of the excess amount of salary received by him. Aggrieved by the said order, the appellant had approached the writ court....9. The learned counsel appearing for the appellant, would contend that the respondents ought not to have passed the order of recovering the excess of salary paid to the appellant when he has...

... ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of recovery of excess salary paid to t...notice was issued to the petitioner stating why excess salary paid to her as per the audit report should not be recovered. The petitioner submitted her explanations. Not accepting the explanations, the...learned Principal District and Sessions Judge, Virudhunagar passed the impugned order of recovery in respect of the alleged excess salary paid in between the year 2015 and 2018...

...with retrospective effect and deduction of the excess salary paid to the petitioner from the retiral benefits. He has, accordingly, sought the quashing of the orders dated 2nd March, 2006 and 20th...retiral dues of the petitioner after refixing the pay-scale and has also deducted the excess salary paid to the petitioner on account of wrong fixation of pay-scale. 3. Learned Counsel...appearing for the petitioner submits that the petitioner was not responsible for the wrong fixation of the pay-scale and so the respondents cannot deduct the excess salary that was paid to the petitioner...

...Audit, the authorities found excess payment of salary to the petitioner. Action was initiated to recover the excess salary to the petitioner. The entire Audit Wing of the High Court submitted its...eligibility. Since it was not granted by the Establishment, the petitioner is liable to repay the excess salary received by her. No employee is entitled to draw excess salary. Salary to the public...servants are paid from the taxpayers money and any excess payment would result in unjust action and loss to the State Exchequer. Thus, the authorities competent are empowered to recover the excess salary paid...

...communication of 22.05.2020, it is noticed that there is no such conclusion of the Finance and Accounts Officer, Directorate of Pension, Assam that the excess salary was paid to the petitioner because of...any fault of his or because of any overt act on his part, which had contributed to such payment of excess salary. In the absence of any such material, it cannot be concluded whether the excess salary was...), reported in (2015) 4 SCC 334, wherein it had been held that in the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be...

...the said proceedings, whereby the respondent proposed to recover the excess salary drawn by the employees on account of the payments received from the respondent, despite availing excess leaves beyond... 4. As seen from the impugned proceedings, the respondent proposed to recover the alleged excess salary drawn by the petitioners in twenty installments...beyond their entitlements. On account of the same, it was proposed to recover the excess salary paid to the said employees, including the petitioner. The 1stpetitioner is alleged to have...

...petitioners, issued an Official Memorandum dated 31.5.2005 wrongly re-fixing the pay of the petitioners and ordered for recovery of excess salary paid to them retrospectively w.e.f 1.1.86 Henca, he...contended that the official memorandum is bad in law and it is against the principles of natural justice. Further, it is contended, the petitioners have not been paid any excess salary and even if the...petitioners have been paid excess salary w.e.f 1.1.1986, re-tixation of pay and recovery of alleged excess salary is against the decision of the Apex Court reported in the case of SAHIB RAM v...