In Brief
The Supreme Court examined whether a retired judicial officer could be compelled to refund excess salary payments. The officer had received a higher pay scale after furnishing an undertaking that any excess discovered later would be refunded. When subsequent pay rule revisions revealed an overpayment of Rs. 1,22,003, the State sought recovery, but the High Court quashed this. The Court held that the undertaking bound the officer even after retirement, as he was clearly on notice. However, to avoid undue hardship, the Court directed recovery be made through equated monthly instalments over two years rather than as a lump sum.
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