Recovery of irregular payments from from Death-Cum-Retirement Gratuity of employee, not permissible

Petitioner-employer challenged order of recovery on ground that certain increments and benefits, granted to her as early as from year 1991, were irregular and that same will require to be fixed as a liability against her, to be recovered from her Death-Cum-Retirement-Gratuity (DCRG). The petitioner asserts that, all the benefits having been granted to her validly and based on specific orders issued by the respondent authority themselves - any recovery at this stage is impermissible.

Plea of Employer-State Water Authority that in cases where an employee had issued an undertaking to the effect that excess amount on account of wrong fixation can be recovered, the Employer is within jurisdiction to do so. He asserted that, and the petitioner has given such an undertaking, which is attached to her service book

It is unequivocally admitted by Employer authority that no such undertaking had been
given by the petitioner when the benefits were given; and obviously, therefore, the stand of the Employer, that such undertaking would permit them to recover the amounts as ordered is not proper and hence order of recovery liable to be set aside.

Appearing Counsel/s : Sri.M.V.Thamban, Sri.R.Reji, Smt.Thara Thamban, Sri.B.Bipin,
Sri.Arun Bose, Sri.P.Benjamin Paul, Sri. Sunil Kumar Kuriakose

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