Team Goemkarponn
PANAJI: The Goa Human Rights Commission (GHRC) has ruled that the recovery of nearly Rs 4.8 lakh from the gratuity of a retired Group C employee was illegal and amounted to a violation of human rights. The Commission has ordered the ESIC Hospital, Margao, to refund the deducted amount within 60 days.
The inquiry bench, comprising Acting Chairperson Desmond D’Costa and Member Pramod Kamat, found that Rs 4,79,611 was deducted from the gratuity of former Multi-Tasking Staff (MTS) employee Teotonio Jose Maria Pereira without any lawful justification.
Pereira retired on February 28, 2025, after completing over 31 years of service. He later moved the Commission alleging that a portion of his gratuity was unlawfully withheld in May last year.
The hospital administration defended the action, stating that the deduction was made after a revision in pay fixation following observations from the Directorate of Accounts regarding calculation discrepancies.
However, the Commission rejected this justification, observing that recovery of such amounts from a retired employee—particularly belonging to Group C—cannot be permitted in the absence of any fraud, misrepresentation, or concealment on the employee’s part.
Citing Supreme Court judgments including State of Punjab vs Rafiq Masih and Thomas Daniel vs State of Kerala, the GHRC reiterated that excess payments arising out of administrative or clerical errors cannot be recovered after retirement. It also referred to a Bombay High Court at Goa ruling in Jotiba Ishwar Mali vs State of Goa, which had taken a similar view against such recoveries.
The Commission concluded that the deduction was arbitrary and excessive in nature, and held that it infringed upon the employee’s rights. It further directed that the refunded amount, if not released within the stipulated 60-day period, would attract 8 per cent annual interest.
