Excess salary paid to employee cannot be recovered: HC

The order was passed by Justice Tarun Agrawal while allowing a writ petition filed by Suresh Chand Srivastava, a retired employee of the Civil Supplies Department.

The Allahabad High Court said that if an employee is paid salary or given other benefits in excess of entitlement due to oversight and not because of any fraud or misrepresentation on his or her part, then the excess amount cannot be recovered by the employers.

The order was passed by Justice Tarun Agrawal while allowing a writ petition filed by Suresh Chand Srivastava, a retired employee of the Civil Supplies Department.

The petitioner had challenged an order passed by the department on Aug 20, 2007, whereby it was said that his salary was erroneously fixed at Rs 560 instead of Rs 545 in the year 1979 and hence Rs 4,230 be recovered from his gratuity.

Observing that the department had itself ‘voluntarily’ fixed the salary of the petitioner at Rs 560, the court said the employee could not be held responsible for the mistake and, hence, quashed the impugned order.

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