Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Recovery of excess amount paid |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Recovery of excess amount paid – Employees members of the appellant association were wrongly granted certain benefits under a circular till it was subsequently withdrawn, having been issued without authority and also without approval of Finance Department – State Govt. ordered recovery of the excess amount paid with interest – Single Judge quashed the communication withdrawing the circular and the orders of recovery of excess amount – Order set aside by Division Bench – Held: Division Bench justified in setting aside the order passed by Single Judge quashing the communication withdrawing the circular, considering the grounds on which the circular was withdrawn – Impugned order upholding the communication withdrawing the circular not interfered with – However, Division Bench erred in quashing the order passed by Single Judge setting aside the recovery of excess amount paid – It was the Department/State that issued the circular and paid the benefits thereunder – There was neither any misrepresentation by the concerned employees nor can the mistake be attributed to them – Mistake, if any, can be said to be that of the Department/State that issued the circular – On facts, State not justified in ordering recovery of the excess amount paid, also as some of the employees have retired and the recovery shall be from their pension/pensionary benefits – Order passed by Division Bench upholding the recovery of the excess amount paid, set aside – No recovery of the excess amount paid – However, for all other purposes including pay fixation and pension etc., the same shall be worked out as per order dtd 26.08.08 – M.P. Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 2007 – M.P. Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 878 |
Petitioner | M.p. Medical Officers Association |
Respondent | The State Of Madhya Pradesh & Ors. |
SCR | [2022] 7 S.C.R. 67 |
Judgement Date | 2022-08-26 |
Case Number | 5527 |
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