Recovery of excess payments is impermissible, though respondents may re-fix pay and pension to exclude wrongly granted benefits.

The applicant, Sunita Devi, is the widow of Late Sh. Sham Lal, who served as an Assistant Motor Man in the Jal Shakti (PHE) Department and passed away on August 16, 2024

Following her husband's death, the applicant approached the Tribunal seeking a direction to the respondents to fix pensionary and post-retirement benefits based on the last pay drawn by the deceased, and to release all pending dues, arrears, and gratuity

The case involves a dispute regarding pay fixation under SRO 59, a matter previously subject to extensive litigation

1. Whether the respondents can recover excess payments made to the deceased employee during the re-fixation of pensionary benefits

2. Whether the applicant is entitled to the release of retiral benefits and refund of any recovered amounts in light of settled judicial precedents

The Tribunal applied the legal principles established by the Hon’ble High Court of Jammu & Kashmir in UT of J&K & Ors. vs. Maqbool Sheikh & Ors. (WP(C) No. 936/2025), which settled the controversy surrounding SRO 59

This precedent establishes that while the State possesses the liberty to re-fix pay or pension by excluding wrongly granted benefits, it is strictly prohibited from recovering excess amounts already paid to the employees; any such recovered amounts must be refunded

The Tribunal noted that the legal controversy regarding SRO 59 is no longer res integra as it was conclusively settled by the High Court

Applying the Maqbool Sheikh ruling to the present facts, the Tribunal reasoned that the deceased employee's pay and the subsequent family pension could be re-fixed to correct errors, but the applicant’s financial interests are protected against retroactive recoveries

The Tribunal found that the respondents are under a legal obligation to forward the revised Last Pay Certificate and service records to the Accountant General to ensure the applicant receives the consequential retiral benefits strictly in accordance with the law

The respondents were ordered to forward the complete service record and revised Last Pay Certificate to the Accountant General for re-fixation within four weeks. The holding clarifies that while respondents may re-fix pay/pension, no recovery of excess payment shall be effected, and any amount already recovered must be refunded to the applicant