Excess Payment Archives

No recovery of excess payment from employee’s leave encashment benefit after retirement in case payment was made due to employer’s fault: Orissa HC

“The employer authority erred in deducting the excess payment made to the Government employee from his leave encashment benefits and thus, the action was not acceptable and the same was invalidated”.

Case Briefs High Courts

Madhya Pradesh High Court upholds bank’s right to recover excess payment in pension recovery dispute

Madhya Pradesh High Court noted that the petitioner did not dispute her liability to refund the commuted portion in instalments, as per her undertaking.

Case Briefs High Courts

‘Employee had no role in drawing excess amount in increment’; Kerala High Court upholds KAT order restricting any recovery of excess pay

The Kerala High Court clarified that the authorities erroneously granted the said increment in terms of Government Order while being careless and negligent, and that the respondent could not be faulted at all for their negligence.

Case Briefs High Courts

Bom HC | Pension payable to employees upon superannuation is a ‘property’ under Art. 300-A & fundamental right to livelihood under Art. 21: Pension can’t be deducted without authority of law

Bombay High Court: A Division Bench of R.K. Deshpande and N.B. Suryawanshi, JJ., while addressing an issue with regard to the deduction of