Calcutta High Court in Shri Tarun Kanti Naskar vs. The State of West Bengal & Others (W.P.A No. 20672/2022) quashed the employer’s order to recover salary paid on a higher scale due to an administrative oversight. The Court held that it was unjust to recover excess salary after 18 years when the payment was made in good faith and the employee was not at fault. Citing the Supreme Court’s decisions in State of Punjab vs. Rafiq Masih and Thomas Daniel vs. State of Kerala & Ors., (2015) 4 SCC 334, the Court emphasised that such delayed recoveries cause undue hardship and violate the principles of equity and fairness.
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