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2004 DIGILAW 840 (PAT)

Mostt. Nathia v. Patna Municipal Corporation

2004-08-19

NAGENDRA RAI, S.N.HUSSAIN

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Judgment 1. This matter relates to payment of retiral dues of an employee of the Patna Municipal Corporation. An amount of Rs. 4,000/- has been deducted from the retiral benefit of the petitioner as she was working for two months beyond the period of superannuation. 2. The learned Single Judge has referred the matter to the Division Bench on the question as to whether recovery can be made or not on the ground that there is divergent opinion as to whether recovery can be made or not. 3. The present is not a case where excess payment has been made on account of wrong promotion etc. This is a case where an employee after superannuation continued to work and took salary. Any Government employee knows the date of his/her superannuation. As a honest public servant he/she has to leave the office on the date of superannuation. If he/she continues even after superannuation and withdraw salary then that can be recovered and retired employee cannot take a plea that there was no fraud or mis-representation on his/her part. No Government servant can claim any benefit by his/her own wrong or misdeeds. Any sympathy in such matter shown by the Court will amount to giving premium to the retired employee for his or her wrong. 4. We sitting in the writ jurisdiction cannot encourage the same. We are of the view that the decision taken by the authorities to recover the amount is correct one. 5. With the aforesaid observation, this writ application stands disposed of.