In Brief
Stenographer employees of the District Judiciary received financial benefits in 2017 based on the Shetty Commission recommendations. They retired in 2020. In 2023, six years after the benefit was granted and three years after retirement, authorities ordered recovery of the amount, claiming erroneous interpretation of the Commission's recommendations. The employees had not committed fraud or misrepresentation, and no hearing was given before the recovery order. The High Court dismissed their writ petition. The Supreme Court allowed their appeal, holding that recovery of excess payments made without employee fraud, based on the employer's wrong interpretation of rules, is impermissible—especially from ministerial employees post-retirement and after many years have elapsed. Recovery would cause undue hardship outweighing the employer's right to recover.
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