Legal Principles of Recovery of Amounts from Employees After a Span of Time

*Legal Principles of Recovery of Amounts from Employees After a Span of Time*

It has been recently held that principles to be applied is that relief against recovery of excess payment of emoluments/allowances would be granted if (a) the excess amount was not paid on account of any misrepresentation or fraud on the part of the employee, and (b) if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous. After noting that the employees were on the verge of the retirement and the employees were not involved in any mischief, fraud or deceit in orchestrating their wrongful Pay Revision/increments, the order of recovery against employees was quashed. 

For more details refer *Dattu v. State of Maharashtra [2025] GCtR 1715 (Bombay)*