Commission says recovery from pension and gratuity violated legal principles and human rights
PANAJI
More than a year after a senior government doctor retired, the Goa Human Rights Commission has recommended that health authorities return Rs 17.22 lakh deducted from her retirement benefits, stating that the recovery violated legal principles and her human rights.
In an inquiry report dated March 5, the Commission said the amount had been deducted from the gratuity and pension of the former senior surgeon at Hospicio Hospital. It directed the authorities to refund the money within 60 days. The Commission added that the amount would attract 6 per cent annual interest from March 5 until the final payment if the refund is delayed.
According to the case record, the doctor served in the Directorate of Health Services for over 24 years. She joined as a junior surgeon in September 1998 and opted for voluntary retirement as a senior surgeon on January 1, 2023.
The Commission noted that she was informed only after retirement, through a letter dated July 16, 2024 from the Deputy Director of Accounts, that she had allegedly been overpaid Rs 17,22,288 due to a calculation error.
State authorities argued that the excess payment arose from the incorrect grant of benefits under the Dynamic Assured Career Progression scheme, implemented for doctors from April 1, 2009. They also said the doctor later gave written consent allowing recovery of the amount.
However, the Commission observed that the alleged overpayment did not result from any misrepresentation or fraud by the complainant and that she had not been given an opportunity to be heard before the recovery order was issued.
During the proceedings, the complainant’s counsel argued that recovering money from a retired employee due to an administrative error goes against rulings of the Supreme Court of India.
The Commission concluded that failure to follow established guidelines and judicial precedents led to a violation of the complainant’s human rights.
It recommended that the Directorate of Health Services and the Health Department refund the deducted amount within 60 days and submit an action taken report to the Commission within the period prescribed under the Protection of Human Rights Act, 1993.
