Recovery of erroneously paid excess salary from a Group C employee is barred absent misrepresentation or fraud.

The petitioner, a Head Clerk in the Judicial Department and a Group ‘C’ employee, challenged an order directing recovery of ₹73,875 said to have been paid in excess because of erroneous pay fixation.

The alleged overpayment was attributed to the employer’s pay-fixation error; the respondents did not allege misrepresentation, fraud, or suppression by the petitioner.

He sought to quash the recovery order and obtain a refund of any amount already recovered.

1. Whether recovery of the alleged excess payment could be made from the petitioner, a Group ‘C’ employee, when the overpayment resulted from the employer’s error and not from any misrepresentation or fraud by him

2. Whether amounts already recovered under the impugned order should be refunded

The Court applied the principle in State of Punjab v. Rafiq Masih (White Washer), (2015) 4 SCC 334, that recovery of excess payments from employees belonging to Class III and Class IV service (Group ‘C’ and Group ‘D’) is impermissible in the circumstances covered by that decision.

It also followed the Division Bench decision in W.P.(MD) No. 15202 of 2026 and connected cases, dated 15 June 2026, which held that recovery was impermissible where excess payment arose from the employer’s pay-fixation error, without employee misrepresentation or fault.

The petition was brought under Article 226 of the Constitution.

The petitioner belonged to Group ‘C’, and the excess payment arose from pay fixation by the competent authority rather than from any misrepresentation, fraud, or suppression on his part.

The Court found the facts squarely covered by the cited Division Bench decision and the rule in Rafiq Masih. Since the challenge concerned recovery, the Court set aside that part of the order without disturbing the pay refixation.

Any amount already recovered was directed to be refunded within four weeks from receipt of a copy of the order.

No costs were ordered, and the connected miscellaneous petition was closed.