Payment beyond retirement period

A small query. A state Govt employee is working in the education department. One day she is told that her retirement has happened one year back and as such she has to refund the salary that she has received for the extra one year. My question is "Is it justice to make a person work for an extra one year and ask the employee to refund the salary withdrawn beyond the period of retirement?" The department had to send the retirement order well in advance of the retirement date but they did not, instead it came one year after, so how is the employee supposed to retire or stop working? The service book and other information are at the hands of the department. The fault is on whose part? What should be done?
Please give your suggestions. more  

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Mr. RANABIR GHOSH (Mechanical Engineer): Thanks for your clarification. I also understand that you had worked at senior positions and you will never recommend anyone to go to Unions for putting pressure on management for personal issues. more  
Mr. Golas, since Mr. Chandan Pal's post was not visible in local circles and the email was truncated (reproduced by me), I did not know that he has asked you or somebody to withdraw from local circles. That is preposturous ! In that case I am totally against that statement, he has no right to do so. Unfortunately the complete post was not visible, neither I got the full text in my email. And so far as someones advice to go to the Union, I never uttered a word in its favour, you might have noticed. more  
Mr. RANABIR GHOSH (Mechanical Engineer): I have provided all the info needed for the case. Work shirkers are there everywhere but you cannot generalise by saying all government officers do not know the work. Regarding service book inspection allowed every year, it is for the employee to check & verify the entries and in case of errors bring it on record through a written letter for correction. Further I have only stated what is the correct legal position and I have not advised anyone to withdraw from the local circle unlike Mr. Chandan Pal. In my earlier post, I missed one more benefit that this lady is missing. This is gratuity. Unless she complies to the rules she will miss all these benefits. more  
Mr. Sankarnaryan K, if you look at the incidents of not paying providend fund etc. you will find PSU's getting away with it for years, but if it is a private company the owner or directors go to jail. So who is introducing "Jungle law" ? Governments or unions. Mr. Golas will avoid the question, since he well knows who drafts the "Notifications" and different "forms" - they are done by good for nothing Babus - the officers simply sign them without going through those in detail or their legal tenablity, because either most of them do not take their jobs seriously or simply ignorant and highly dependent on those Babus. You must have noticed how badly formatted, gramatically wrong and full of spelling mistakes these forms and notifications have? Now coming to legal tenability, Mr. Golas did not answer my most pertinent question when I asked - "can he vouch that all Government Departments ensure that every individual employee is shown the (updated) rule book every year and get it signed by every employee as specified in the sentence he quoted from the said notification of 1973 and 74". Also if they did, it remains a one sided contract which is not tenable legally. Just signing which means to the Government "I have seen the rule book" (which is not true in most cases) is one sided contract. It must specify that "I have seen, understood and agree to abide by the same." Otherwise the contract is deemed invalid. I also read the posting by Mr. Asok Golas where he has censored Mr. Chandan Pal (Consultant) for his post. But I am forced to say Mr. Golas has also used offensive tone and high handed attitude in his several of his posts, specially as a reply to the posts to which he did not agree. Sorry to say this - but if you go through all his posts even only related to this particular matter, you shall find it true. Since I could not find Mr. Chandan Pal's posting in the forum, I am pasting the same below from the email I got from the forum which is incomplete and I could not see it clicking on the "VIEW / COMMENT" tab, so I could not find which part of his posting has "offensive tone". "Chandan Pal ( Consultant) commented on the Post Chandan wrote: "I have been following Mr Ashok Golas in the local circle, since when Amar Deep Soren had posted a message. I am pained to observe that Mr Ashok Golas, being highly educated, but because of his own frame of mind had met various harassment during his service life. In local circles, we try to help others to come out of any problem in a positive manner. But Mr Ashok Golas has been guiding in a different manner and opposes every other views. It's sad, but only request can be made to Mr Ashok Golas to refrain from these activities and should withdraw more..." "View/Comment Reply to this email to post a comment." more  
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