Quick Summary: The court decided that TANGEDCO can get back extra money paid to an employee, K. Sivakumar, even though he wasn't happy about it. Judge Dr. A.D. Maria Clete ruled against K. Sivakumar's request to stop them from taking the money back.
K. Sivakumar, a Junior Engineer with TANGEDCO, asked the court to stop the company from taking back extra payments they gave him. He was told he owed Rs. 3,35,827 because an audit found he was paid too much.
K. Sivakumar wanted the court to cancel TANGEDCO's order that asked him to return the money. He argued that he should keep the extra pay he got according to the 6th pay commission.
TANGEDCO said they discovered the extra payments during an audit. They argued that K. Sivakumar knew about the overpayment but didn't return it. They insisted it’s fair to get the money back.
"The Petitioner knows that he has continuously received the extra amount," TANGEDCO stated.
Judge Dr. A.D. Maria Clete referred to a Supreme Court decision that says taking back extra payments from employees is usually okay unless it’s really unfair. Since K. Sivakumar is still working and not about to retire, the court decided he has to return the extra money.
The court mentioned a Supreme Court case, State of Punjab v. Rafiq Masih, which says getting back money is generally fair unless it causes extreme trouble. Another case, Chandi Prasad Uniyal v. State of Uttarakhand, was also mentioned, saying public money should be recovered if given by mistake.
The court dismissed K. Sivakumar's request and closed related requests without any cost orders. So, TANGEDCO can go ahead and get back the extra money paid to him.
