Quick Summary: N. Ravichandran's request to keep extra payments was denied by the Madurai Bench of the Madras High Court. The court decided he must return the money since he is still working.
N. Ravichandran, who works in Madurai, asked the court to cancel orders from the State of Tamil Nadu and its health department that stopped extra payments he was getting.
The State had issued orders on May 23, 2018, and June 15, 2018, saying that some health inspectors, including Ravichandran, should not get special extra payments. The reason was that these payments were not part of what they should normally receive for their jobs.
“Health Inspector Grade – I (A) and Grade I B are not eligible for any Special Allowance / Leprosy Allowance.”
The court, led by Justice Dr. A.D. Maria Clete, looked at the case. They checked past decisions that explained when extra payments have to be given back. Since Ravichandran is still working, he doesn't get the same exceptions usually given to people about to retire.
“The Petitioner continues to be in service and, therefore, cannot seek the benefit of the line of reasoning extended in favour of employees who were on the verge of retirement.”
The court looked at older Supreme Court decisions, which said that extra money paid by mistake must be returned unless it causes serious problems. Since Ravichandran is still working, this doesn't apply to him.
“Any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships.”
In the end, the court turned down Ravichandran's request. He must give back the extra money he received, and there will be no extra costs charged to him.
