The Goa Human Rights Commission (GHRC) has held that recovering alleged excess payments from a retired government employee, in the absence of fraud or misrepresentation, is legally unsustainable and amounts to a violation of human rights.

The Commission has recommended that the Water Resources Department (WRD) refund ₹1,12,680 deducted from the gratuity dues of retired Upper Division Clerk Bhagyawan S. Korgaonkar, along with simple interest at 6% per annum from November 1, 2025, until full realisation.

Korgaonkar, a resident of Mapusa, had served under Work Division VII of the Water Resources Department at Dhargal in Pernem. He retired from government service on October 31, 2025.

His grievance arose after his Pension Payment Order was issued on March 10, 2026, when he found that ₹1,12,680 had been withheld from his gratuity without his consent. He subsequently approached the GHRC on May 26, 2026, seeking restoration of the deducted amount.

During the proceedings, WRD officials stated that the recovery related to an “extra increment” and was initiated following objections raised by the Directorate of Accounts. The department also claimed that consent for the recovery had been obtained.

However, the Commission observed that no documentary evidence establishing such consent was produced before it. The Directorate of Accounts and the Chief Engineer of the WRD also failed to submit their replies in the matter.

The GHRC noted that an employee cannot be made to bear the consequences of an arithmetic or departmental error when there is no allegation of fraud, misrepresentation or misconduct on the employee’s part.

Accordingly, the Commission recommended that the authorities refund the entire ₹1,12,680 recovered from Korgaonkar’s gratuity, together with 6% simple interest calculated from the day following his retirement, November 1, 2025, until the amount is fully realised.

The Commission has directed that the recommended payment be made within 30 days.