Recovery Of Excess Payments Made To Retired Employee, Without Fraud Or Misrepresentation On Their Part, Is Impermissible : Calcutta High Court

The Calcutta High Court ruled that recovering excess payments made to retired employees is impermissible without evidence of fraud or misrepresentation. The case involved a retired employee who received more than the entitled amount, and the employer sought to recover the excess payments. The Court held that unless there was clear proof of intentional misrepresentation or fraud, the employer could not demand repayment of excess funds. This ruling protects the rights of retired employees and ensures that they are not unfairly burdened with repayment claims based on simple administrative errors.