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    <title>2022 (5) TMI 1674 - Supreme Court</title>
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    <description>Excess increments paid to a retired employee were held not recoverable where there was no fraud or misrepresentation and the payment arose from a mistaken interpretation of the service rules. The SC applied the equitable principle that recovery of overpayments is ordinarily barred when it would cause undue hardship, especially after retirement and after a long delay. As the excess payment resulted from the employer&#039;s error under the Kerala Service Rules and recovery was initiated nearly ten years after retirement, the recovery orders were set aside and protection against recovery was affirmed.</description>
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      <title>2022 (5) TMI 1674 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=461469</link>
      <description>Excess increments paid to a retired employee were held not recoverable where there was no fraud or misrepresentation and the payment arose from a mistaken interpretation of the service rules. The SC applied the equitable principle that recovery of overpayments is ordinarily barred when it would cause undue hardship, especially after retirement and after a long delay. As the excess payment resulted from the employer&#039;s error under the Kerala Service Rules and recovery was initiated nearly ten years after retirement, the recovery orders were set aside and protection against recovery was affirmed.</description>
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