SUDHA Vs. ZILLA PARISHAD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard the learned counsel for the parties.

(2.) Whether an employer can recover an amount paid in excess to a deceased employee from the legal heirs of the deceased employee, on the basis of undertaking given by the deceased employee is a question raised in this petition.

(3.) The petitioner is wife of deceased Bhagirath Meshram (hereinafter referred the "deceased employee"), who was employed as Junior Lecturer at Zilla Parishad High School. He expired on 6/12/2016 while he was in service. The petitioner started getting Family Pension of Rs.14,250.00 per month. While the grade pay was being fixed by the respondents, the deceased had given an undertaking to refund an excess amount, if any, paid to him. Pursuant to the said undertaking by the deceased employee, respondent no. 2 by two communications dated 18. 01.2021 and 22/4/2021 asked the petitioner to execute a consent letter for recovery from pension an excess amount of Rs.2,62,841.00 paid to the deceased employee due to wrong fixation of grade pay, which are under challenge in this writ petition.