No Recovery Can Be Made From Pension If Employee’s Promotion Was Not Based On Any Misrepresentation
Case: Sonam Dolma Vs Bharat Sanchar Nigam Limited & Ors.
Coram: Justices Tashi Rabstan & Wasim Sadiq Nargal
Case No.: SWP No. 449/2018
Court Observation: “By no stretch of imagination, consequential benefits can be taken at this belated stage, when she is drawing the pension after retirement:”
“We fail to understand that, once the show cause notice has been issued with regard to her promotion as Junior Accounts Officer, then subsequently how and under what circumstances, she was promoted in the grade of Accounts Officer, that too, pursuant to the approval of the competent authority.”
“The appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The Principal erred in granting him the relaxation. Since the date of relaxation, the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which the appellant cannot be held to be at fault. Under the circumstances the amount paid till date may not be recovered from the appellant”.
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Keywords
Employee’s Promotion, Pension, Misrepresentation
