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As per case facts, the Petitioner, a Group-D employee, retired and later received letters from the Municipal Council seeking recovery of an overpaid amount in gratuity and leave encashment. This
...recovery was based on an affidavit given by the Petitioner at retirement, agreeing to refund any excess payment. The Petitioner challenged these recovery orders in a Writ Petition, arguing no fraud or misrepresentation on his part. The question arose whether recovery of an excess amount from a retired employee, who had furnished a specific undertaking to refund any overpayment, is permissible in law. Finally, the High Court held that due to the Petitioner's explicit affidavit/undertaking to return any inadvertently paid excess amount, he is bound by it. Distinguishing relevant judgments, the Court ruled that the recovery of the excess amount is permissible, and therefore, the petition was dismissed.
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