NT Reporter
Panaji
The Goa Human Rights Commission (GHRC) has recommended that the Department of Drinking Water refund Rs 3.68 lakh recovered from the gratuity of a retired Group C electrician, holding that the recovery was contrary to settled legal principles.
It observed that the recovery, made after the employee’s retirement over an alleged incorrect pay fixation dating back nearly three decades, amounted to a violation of his human rights.
The complaint was filed by Sainath Manguexa Sinai Pausso of Sanguem, who challenged the recovery of Rs 3,68,729 from his retirement gratuity.
The department said the excess payment resulted from an erroneous pay fixation carried out on March 28, 1996. It also said the complainant had signed an undertaking authorising the government to recover any excess amount from his future dues.
After examining the records, the Commission noted that the alleged excess payment had accumulated over more than 29 years and that there was no allegation of fraud, misrepresentation or suppression of facts by the employee. It relied on the Supreme Court’s rulings in State of Punjab vs Rafiq Masih and Thomas Daniel vs State of Kerala, which prohibit recovery of excess payments from retired employees when the overpayment resulted solely from the employer’s mistake.
Rejecting the department’s reliance on the undertaking signed by the employee, the Commission ruled that such consent “cannot deprive him of his rights arising from the law laid down” by the courts.
Referring to the CCS Pension Rules and recent Bombay High Court rulings, the GHRC recommended that the department refund the recovered amount within 60 days along with interest at six per cent per annum from September 1, 2025, until the date of payment. It also directed the department to submit an action taken report.
