In Case Of Excess Payment Done By Employer To Employee, Latter Having No Knowledge Cannot Be Faulted At All: Kerala HC
The Kerala High Court has reiterated that in case of an excess payment done by the employer to the employee, the employee having no knowledge about the same cannot be faulted at all.
A Division Bench of Justice Alexander Thomas and Justice C. Jayachandran held, “We reiterate that the respondent/applicant had absolutely no knowledge that the amount that was being paid to her, was more than what she was entitled to, wherefore, she has no role, whatsoever, in drawing the increment. It was the petitioners/authorities, who erroneously granted increment in terms of Annexure-A6 Government Order, quite carelessly and negligently, for which the respondent/ applicant cannot be faulted at all.”
The Bench refused to interfere with the order passed by the Kerala Administrative Tribunal.
Senior Government Pleader Saiji Jacob Palatty appeared for the petitioners while Advocates Kaleeswaram Raj and Thulasi K. Raj appeared for the respondent.
Facts of the Case -
The petitioners challenged the order passed by the tribunal whereby the order directing recovery of excess pay was allowed holding that no recovery can be made. The respondent who was appointed as PD Teacher applied for Leave Without Allowance to join B.Ed. course and accordingly, secured admission to the said course. The said leave was allowed belatedly and the authorities took a stand that the date of entry into service of the respondent will be taken as the date on which she rejoined after B.Ed. course, thus forfeiting her earlier service.
Being aggrieved, the respondent challenged the same by approaching the court and the court directed the State to decide on the respondent’s representation within two months. The State issued a government order and then an audit objection arose regarding the calculation of the respondent’s leave period. Subsequently, the Tribunal agreed with the respondent and held that she was not eligible for leave without allowance as per the Kerala Service Rules (KSR) as the prescribed years of service were not completed.
The High Court in view of the above facts noted, “At any rate, as found by the Tribunal, the case of the respondent/applicant would fall within the ambit of clause (v) of the situations summarised in paragraph 18 in the White Washer's case. We find no reason to interfere with the Order of the Tribunal.”
The Court, however, clarified the petitioners will be at liberty in law to refix the salary of the respondent/applicant after doing away with the mistake prospectively.
“The petitioners will also be at liberty to recover the excess amount, if any, paid with effect from the said date of Annexure-A9, inasmuch as the respondent/applicant had due notice of the fact that the salary being drawn by her is an excess of what is legitimately due to her”, further observed the Court.
Accordingly, the Court disposed of the plea.
Cause Title- State of Kerala & Ors. v. Seena M. (Neutral Citation: 2023/KER/32561)
