PANAJI
The Goa Human Rights Commission (GHRC) has held that the post-retirement deduction of nearly Rs 4.8 lakh from a Group C employee’s gratuity was unlawful and violated human rights, and has directed ESI Hospital, Margao, to refund the amount within 60 days.
In its inquiry report, the Commission, headed by Acting Chairperson Desmond D’Costa and Member Pramod Kamat, said the recovery of Rs 4,79,611 from retired Multi-Tasking Staff (MTS) employee Teotonio Jose Maria Pereira was not legally valid, as there was no allegation of fraud or misrepresentation. It added that the amount would carry 8 per cent annual interest if not refunded within the given time.
Pereira, who retired on February 28, 2025, after more than 31 years of service, had approached the Commission stating that the amount was illegally deducted from his gratuity in May last year.
The hospital said the deduction followed a revision in pay fixation after the Directorate of Accounts pointed out errors. However, the Commission ruled that such recovery cannot be made after retirement, especially for a Group C employee, in the absence of fraud, misrepresentation or concealment.
Relying on Supreme Court rulings in State of Punjab vs Rafiq Masih and Thomas Daniel vs State of Kerala, the Commission said recovery of excess payments due to administrative errors is not allowed. It also cited a Bombay High Court at Goa judgment in Jotiba Ishwar Mali vs State of Goa, which struck down similar recovery.
The Commission said such deductions are harsh, arbitrary and violate human rights, and must be refunded within the stipulated time.
