No recovery of overpayment from the employee/pensioner, where employees is not at fault: Supreme Court.

No recovery of overpayment from the employee/pensioner at belated stage, where employees is not at fault: Supreme Court

The bench of Justices M.R. Shah & B.V. Nagarathna was dealing with the appeal challenging the judgment passed by the Madhya Pradesh HC by which the High Court has allowed the said writ appeal preferred by the State of Madhya Pradesh and has set aside the judgment passed by the Single Judge. As the benefits were wrongly paid under the circular dated 23.05.2009, which was subsequently withdrawn on 30.05.2012, the State Government ordered recovery of the excess amount paid along with the interest. The communication withdrawing the circular and the recovery of the excess amount paid along with the interest were the subject matter of the Writ Petition preferred by the M.P. Medical Officers Association.

Text of Judgement reproduced below:- 29.08.2022 Apex Court OverPayment Judgement_26-Aug-2022