Court Upholds Employee Rights Against Unilateral Revision of Service Records Post-Retirement
In a significant judgment, the Jammu and Kashmir High Court, presided by Mr. Justice Rahul Bharti, has quashed the Jammu Development Authority's (JDA) order to recover alleged excess payments from the post-retirement benefits of Shrist Pal Sharma, a retired employee. The court found the recovery impermissible, citing the absence of fault or omission on the employee's part and the violation of principles of natural justice.
The case, registered as WP(C) No. 1677 of 2021, revolved around the JDA's decision to revise Sharma's service book entries after his retirement on April 30, 2019. The revisions, made through order No. 15 of JDA 2020 dated July 10, 2020, aimed to alter Sharma's date of in situ promotion and other service-related entries, which could have led to significant financial recovery from his retirement benefits.
Justice Bharti emphasized that any recovery of excess payment from an employee without fault on their part is legally impermissible, referencing the Supreme Court's judgment in State of Punjab v. Rafiq Masih, AIR 2015 SC 696. The court further highlighted the JDA's failure to provide Sharma an opportunity to be heard before making these prejudicial changes, thereby breaching the principles of natural justice.
The court's order directed the restoration of the original service book entries and the processing of Sharma's pension as per these entries without changes. It also nullified any financial recovery attempts based on the altered entries. The judgment underscores the judiciary's commitment to protecting employee rights against arbitrary administrative actions.
Bottom Line:
Recovery of excess payment from an employee without any fault on their part is impermissible under the law, and the employee must be heard before passing any prejudicial orders affecting their service records or benefits.
Statutory provision(s): Service Law, Principles of Natural Justice.
Shrist Pal Sharma v. Union Territory of J&K, (Jammu And Kashmir) : Law Finder Doc Id # 2840619
