Impermissibility of Recovering Excess Salary and Re-fixing Pension Upon Superannuation Without Employee Fault
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Case: PRAMOD S/O LAXMANRAO HANDE v. MAHARASHTRA JEEVAN PRADHIKARAN, THROUGH MEMBER SECRETARY, NEW MUMBAI AND ORS.
Court: Bombay High Court
Date: 04-08-2026
Law: Service Law, Constitution of India.
Highlights of the Judgment:
- Detailed examination of the legality of recovering alleged excess salary payments upon an employee superannuation.
- Application of Supreme Court guidelines regarding restrictions on recovery of excess pay from retired employees without fault.
- Interpretation of promotional validity and audit objections under service jurisprudence rules.
- Analysis of whether historical promotion orders holding the field can be undermined by retrospective pay-fixation objections.
- Direct reliance on binding precedents regarding impermissible pay scale reductions at retirement.