Excess pay given due to dept mistake cannot be recovered from retiral benefits: High Court

Madras High Court today said that if excess pay was granted to an employee due to the mistake of the department and not due to any misrepresentation by him, that amount shall not be recovered from the worker from the retiral benefits, that too after retirement.

Allowing a petition from K Syed Razack, a retired Police Inspector, Justice D Hariparanthaman set aside the order of the Commissioner of Police, Chennai, to recover Rs 36,312 from the DCRG (Death-Cum-Retirement Gratuity) of the petitioner.

He directed the authorities not to make any recovery on the ground of any wrong fixation done during the service, as it was not the petitioner's mistake.

The judge also directed that the amount be refunded if any already recovered from the petitioner within six weeks.

Razack submitted he was appointed Grade-II constable on June 1, 1971. After two promotions, he was listed in 'C' list of head constables fit for promotion to Sub-Inspector's post on Sep 22, 1985. As there was no vacancy, he was not promoted at that time.