VidhiSangh

Supreme Court of India · 03/04/2025

JOGESWAR SAHOO & ORS. versus THE DISTRICT JUDGE, CUTTACK & ORS.

[2025] 5 S.C.R. 13 · 2025 INSC 449

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Summary

The Supreme Court set aside orders directing retired Stenographers and a Personal Assistant of the District Judiciary, Cuttack, to refund arrears paid to them in 2017 on a retrospective promotion, holding that excess payments made without fraud or misrepresentation by the employee, on an interpretation later found erroneous, cannot be recovered from non-gazetted employees years later and after their retirement, particularly without a hearing.

Issues

  1. Whether recovery of financial benefits paid to the appellants in 2017 while in service, on a retrospective promotion later found to rest on an erroneous interpretation of the Shetty Commission recommendations, is justified after their retirement in 2020 and without affording them an opportunity of hearing.
  2. Whether the undertakings furnished by the appellants to refund any excess amount estop them from challenging the recovery.

Held

Result

Appeal allowed; High Court judgment dated 09.11.2023 set aside; consequently the orders dated 12.09.2023 and 08.09.2023 directing the appellants to deposit the excess drawn arrears also set aside.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 13.