Jogeswar Sahoo vs District Judge 2025 INSC 449 - Service Law - Recovery From Employee
Service Law - Recovery - if the excess amount was not paid on account of any misrepresentation or fraud on the part of the employee or 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, such excess payments of emoluments or allowances are not recoverable - Such relief against the recovery is not because of any right of the employee but in equity, exercising judicial discretion to provide relief to the employee from the hardship that will be caused if the recovery is ordered - Referred to Thomas Daniel vs. State of Kerala (Para 9)
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