The Madras High Court has given judgement that if excess pay was granted to an employees due to the mistake of the department and not due to any misrepresentation by the official, that amount shall not be recovered from the retirement benefits of the worker that too after retirement.

Allowing a petition from Shri K.Syed Razak, a retired Police Inspector, Justice D. Hariparanthaman set aside the order of the Commissioner of police , Chennai to recover Rs. 36,312 from the DCRG (Death-Cun-Retirement Gratuity) of the petitioner. He directed the authorities not to make any recovery on the ground of any wrong fixation done during the service, as it was not the petitioner’s mistake.