Excess Payment Can’t Be Recovered From Pensionary Benefits If There Is No Fault On Employee’s Part: Calcutta HC [Read Judgment]

The Calcutta High Court, in Shiba Rani Maity vs. The State of West Bengal, has held that excess payments cannot be recovered from pensionary benefits of an employee, if the excess payment was not made on account of any fault, fraud or misrepresentation on part of the employee. Justice Arijit Banerjee made this observation while hearing together two petitions that were filed by two...