Rajasthan High Court Quashes Recovery Case Against Govt Employee Receiving 'Excess' Salary For 30 Years, Says Mistake Made By Department

The Rajasthan High Court quashed a recovery order against a government employee who received excess salary for 30 years due to a departmental error. The court ruled that the employee did not mislead the department and the mistake was solely on the department’s part. Referring to the Supreme Court’s decision in State of Punjab & Ors. v Rafiq Masih, the court noted that recoveries cannot be made from employees who mistakenly received excess salary for over five years. The court emphasized that there was no misrepresentation or concealment by the employee, and the error was acknowledged by the department. The case involved a petition filed by the employee against the state’s finance department, which had initiated recovery proceedings. The court’s decision underscores the principles of fairness and equity in employment and salary disputes, particularly when errors are made by the employer.