Nageshwar Prasad Kaushik v. Chhattisgarh Rajya Krishi Vipnan Mandi Board
Case brief
What is this about?
Keywords: recovery of post-superannuation salary; excess/clawback of salary paid beyond retirement; six months' prior notice intimating actual date of retirement; administrative mistake by employer; no opportunity of hearing before recovery order; retention of salary for period actually worked; exclusion of extended-service salary from pay fixation, gratuity and other service benefits; Chhattisgarh Rajya Krishi Vipnan Mandi Board; Krishi Upaj Mandi Samiti, Naila; writ petition (service) allowed; impugned order quashed. Relevant to disputes over recovery of salaries paid to employees who continued working past superannuation where the employer failed to issue timely retirement intimation.
What did the court decide?
Writ petition allowed; impugned recovery order dated 20.02.2020 quashed; petitioner retains the salary for the four months worked beyond superannuation (recovery of Rs. 2,07,336/- set aside); however, the additional four months' salary is excluded from pay fixation, gratuity and other service benefits, which are to be computed on the basis of the actual age of superannuation.