Supreme Court of India
Thomas Daniel v. State of Kerala and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that an attempt to recover the said increments after passage of ten years of his retirement is unjustified. (16) In the result, the appeal succeeds and is accordingly allowed.
Judgment, page 9
From the headnote
Service Law: Retirement – Excess payment made to employe es by error, recovery of – On facts, recovery of increments granted to the employee while in service almost ten years after his retirement on the ground that the said increments were granted on account of an error – Justification of – Held: If the excess a mount was not paid on account of any misrepresentation or fraud of the empl oyee or paid by applying wrong principle for calculating the pay/ allowance or interpretation of rule/order which is subsequently found to be erroneous, such excess payment made are not recoverable – Relief
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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