Recovered of escess drawal of pay and allowances
lissing perme
(Querist) 28 November 2012
This query is : Resolved
Respected Experts,
I am an A/T(C)teacher. I retired from service on Superannuation on 31/07/2011.But till date my Pension is not released by the Government.
And on 19/10/2012 I had been served a notice by the government authority for deposit of overdrawn an other allowances of Rs 117491/- through Treasury Challan.
Now question to respected experts are that
1. do above action of concern authority is justifiably.As I am a first generation teacher of my state and during the whole service life i do not claim any things from concerned authority.I do not know when my Pay scale was increased and even if there is any overdrawal then that is their mistake as in my whole service life i did take whatever they give me.
2.Is is justifiable to demand such a huge amount from me who is retired now and what i did earn in my life i did expended that already for family as the pay of A/T (c) teacher is very nominal.
3.Now I do not have such huge amount to returned them so what is remedy for this problem. Moreover if my pension is not clear by the concern authority within a year i may be in position of starvation.
4.Is there any legal remedies for this??
THANKS IN ADVANCE
Raj Kumar Makkad
(Expert) 28 November 2012
Such amount demanded from you is not liable to be repaid even if the same was over-drawn by you in view of your clarification that you were not associated with the process of finalizing the salary and its disbursement and it is highly unjustifiable and illegal to seve such notice to an employee superannuated about more than 1.5 years ago when he is demanding his pension.
You shall have to file a civil suit and should have to get stay order against illegal recovery, shall have to pray for quashing the illegal demand and release of your pensionary benefits with cost and interest. If your pocket allows you to file a petition before High court then this matter can be got decided in writ within a short period otherwise civil court process is lengthy.
lissing perme
(Querist) 28 November 2012
@Raj Kumar Makkad!!
Thanks for your encourage reply Sir!!!
Sir could you please some law or leading cases in this regard.??
Or any other guidance in this regards.
Raj Kumar Makkad
(Expert) 29 November 2012
ir-lon'ble Supreme Court of India while disposing of case of similar nature titled as
Registrar, Cooperative Societies Haryana and Others Vs/ lsrail Khan and Others in Civil Appeals
No. 3668 of 2007 with Nos. 3669-71 and 3675-77 of 2007 decided on October 8. 2009 observed
that
r. There is no "principle" that any excess payment to employees should not be
recovered back by the employer. This Court, in certain cases has merely used
its judicial discretion to refuse recovery of excess wrong payments of
emoluments/allowances from employees on the ground of hardship, where the
following conditions were fulfilled :-
The excess payment was not made on account of zirly
misrepresentation or fraud on the part of the employee.
Such excess payment was not made by the employer by applying a
wrong principle for calculating the pay/allowance or on the basis of a
particular interpretation of rule/order, which is subsequently found to
be erroneous.
In Col. B.J. Akkara (Reid.) V. Govt. of India this Court explained the reason for
extending such concession thus: (SCC pp. 728-29, pare 28)
"28. Such relief, restraining back recovery of excess payment, is granted by
courts not because of any right in the employees, but in equity, in exercise of
judicial discretion to recover the excess payment will cause undue hardship
to him, relief is granted in that behalf. But where the employee had knowledge
that the payment received was in excess of what was due or wrongly paid, or
where the error is detected or corrected within a short time of wrong payment,
courts will not grant relief against recovery. The matter being in the realm of
judicial discretion, courts may on the facts and circumstances of any
particular case refuse to grant such relief against recovery.
What is important is, recovery of excess payments from employees is refused
only where the excess payment is made by the employer by applying a wrong
method or principle for calculating the pay/allowance, or on a particular
interpfetation of the applicable rules which is subsequently found to be
erroneous. But where the excess payment is made as a result of any
misrepresentation, fraud or collusion, courts will not use their discretion to
deny the right to recover the excess payment."
A similar judgment has been passed by full bench of Punjab & Haryana High Court in CWP no. 2799 of 2008.
lissing perme
(Querist) 29 November 2012
@Raj Kumar MakkadJi!!
Thanks again for you guidance
'll go through these judgments
and any other guidance are always welcome and needed.
