recovery of overpayment from govt. employees
bijay prasad
(Querist) 04 July 2016
This query is : Resolved
My question is whether employer can recover overpayment amount from salary of employee without serving prior notice or justification. Whether recovery can be made from group c govt employee. If no what legal action. Contemplated please advise.
Guest
(Expert) 04 July 2016
Academic question!
However, how do you feel that you have the right to keep the overpaid amount to you?
You need not take trouble to go legal. No escape. Along with other regular monthly recoveries, overpaid amount can be recovered from the salary of the employee up to 33% of your salary every month till recovery of overpaid amount is completed.
Guest
(Expert) 04 July 2016
Rather, if overpayment happens on account of some of your own irregular and wrong claim, you can also be charge sheeted.
bijay prasad
(Querist) 04 July 2016
If overpayment happens on account of mistake of employer though he keep right to recover the all amount at once without serving prior notice or justification to avoid hardship to employee. Does not such action violate law and judgement of supreme court.
bijay prasad
(Querist) 04 July 2016
Sir infact I am a railway employee. I am under treatment in railway hospital since last 6 months. During my sick some allowances have to be off as per rule but due mistake of clerk it was paid to me along with salary upto three monthd through bank and I was unaware of it. But later on whole amount was suddenly deducted from my next salary without servicing notice or consulation. I wrote to my officerfollowed by repeated reminders that such recovery is impermrssible as per supreme court judgement and dopt office memorandum. But he is not responding to my letter. So what option available to me now. I have exhausted all fepartmental channel.
Guest
(Expert) 05 July 2016
How much was the amount of overpayment on account of drawl of allowances?
bijay prasad
(Querist) 05 July 2016
Ration allowances and transport allowances total rs 14833/- was deducted from my salary of month June and I only received 9000/- which resulted hardship me to maintain household expenditure
Guest
(Expert) 05 July 2016
But if you try to fight legally, you will have to face more hardship, as the expenditure on legal battle will be much more that the amount for which you propose to fight, besides waste of your leave for attending court hearings years together. Still they would be able to justify their stand.
Would you be prepared for that?
Better fight the cse administratively in a convincing manner, as based on DOPT Order, if that applies to you. In that case, SC case relating to some other person would be of no avail to you, as the administration is not bound to enforce that in your case, unless court order is taken to that effect.
bijay prasad
(Querist) 05 July 2016
Thank u for valuable advise.
Rajendra K Goyal
(Expert) 05 July 2016
Department is entitled to recover amount overpaid to employee. No need to obtain permission of the employee for that. Employee may take up the matter through proper Chanel if total deductions exceeded limit.
bijay prasad
(Querist) 05 July 2016
But I on the line of supreme court's judgement , DOPT has ordered that overpayment can not be recovered from certain group of employees. I think permission or consent of employee is mandatory for recovery to avoid hardship of live hood of employee. If on account of my mistake I paid more than prescribed rate of commodities to shopkeeper then what procedure I do follow for recovery of excess payment. Do I am entitle to trespass his shop and take money or stop his other dues?
H.M.Patnaik
(Expert) 05 July 2016
As suggested above recovery of excess payment to govt. employee can be recovered withpout any notice. However, if the sum is substantial and recovery in one stoke creates financial hardship to the employee concerned, the matter can be brought to the notice of admn. head of the establishment and recovery can be made in suitable instalments.
P. Venu
(Expert) 05 July 2016
There is no hard and fast rule. Everything depends upon facts and circumstances. However, generally, huge amounts are recovered in lump sum, but in instalments; And the employee is given an opportunity to opt for made of recovery comfortable to him.
