The Goa Human Rights Commission has directed the insurance medical officer of ESI Hospital in Margao to refund Rs 4.8 lakh to a retired multi-tasking staff member, Teotonio Jose Maria Pereira. The amount was deducted from his gratuity following a pay fixation review.
Commission's Directive
The commission ordered that the refund be made within 60 days. Failure to comply will result in the amount attracting 8% interest from the date of the order. The ruling was based on various judicial precedents, emphasizing that the government should not have recovered the amount after Pereira's retirement on February 28, 2025, since the excess payment was not due to any misrepresentation on his part.
Human Rights Violation
Acting chairperson Desmond D'Costa and member Pramod Kamat stated, "The recovery from a Group C employee is iniquitous, harsh, arbitrary, and violates his human rights." Pereira retired after serving for over 31 years and eight months. The Directorate of Accounts later revised his pay and effected the recovery, which the commission deemed unjust.
The commission's decision underscores the protection of retired employees from arbitrary financial recovery, especially when the overpayment was not their fault. This case highlights the importance of fair treatment and adherence to human rights standards in administrative actions.
