Calcutta High Court in State of West Bengal & Anr. vs. Kali Sadhan Bhattacharjee & Ors., MAT 1002 of 2022, on December 3, 2024, relying on the Supreme Court judgment in Punjab and Others vs. Rafiq Masih (White Washer) [(2015) 4 SCC 334], observed that the employer cannot recover an excess payment unless it was attributable to fraud or misrepresentation by the employee. The court made this observation after noting that the employee was not responsible for the pay fixation, and there was no fraud or misstatement and, there was no evidence of an error, miscalculation, or mistake.
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