The Madhya Pradesh High Court reiterates recovery of excess payment is impermissible

The petitioner vide Writ Petition no. 1603 of 2016 challenged the recovery order issued by the Public Health and Welfare Department i.e. employer on account of wrong fixation of her pay. The petitioner argued that the fixation of pay was improper due to the fault of the employer and recovery from retired government employee cannot be made unless the fixation of pay is a result of any misrepresentation or fault of an employee. The Madhya Pradesh High Court relying on various decisions of the Supreme Court quashed the recovery order and directed employer to refund the recovered amount stating that there was no misrepresentation or fraud by the petitioner hence the recovery could not be enforced.