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Saturday, 28 November 2015

MADRAS HIGH COURT COMES TO 83 YEAR OLD PENSONER'S RESCUE(2)

DEAR ALL,
I refer to  a news report published in the Hindu Madurai Edition(28/11/2015) which has been reproduced in this  blog.

The speed with which the Madras  High Court  has ordered stay of recovery from the pensioner is indeed commendable and exemplary considering that the deduction took place from the monthly pension of
September 2015 and stay of deduction was ordered on 15th October 2015.

The proceedings may take their own course involving hearings on the writ  petition  over time,but the Court has acted with sensitivity towards a very senior citizen aged 83 years.
I remember having come across  some judgment of the Supreme Court some time ago  holding  that the employer cannot recover  excess payments made to employees by mistake.So in all probability, this aged
pensioner may win the case and he is in the mean time well protected by the High Court's stay of monthly recoveries by the employer.

With greetings,

C H Mahadevan