raj singh malhotra (officer) 05 July 2014

Central government employee stepping up of pay

my pay was stepped up at par with my junior at my central government office 7years back,

now office has informed a mistake on their part in understanding(definition of junior/senior in rules) pay comission rules and they have raised a recovery for previous 8 years salary paid and also reduced my salary wrt to reduction in salary 7yrs back.

Is it possible to recovery salary paid after 7 years and comments on issue, pls with any case law.

Please guide in detail and also pls guide any suitable legal support if required in delhi for CAT.

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3 Replies

Sudhir Kumar, Advocate (Advocate) 05 July 2014

read FR 31A

any show cause notice given before recovery and reduction ofpay?

T. Kalaiselvan, Advocate (Advocate) 06 July 2014

The erroneous fixation of pay and allowances at an higher rate, if detected at a later stage can be recovered, but the details of such an action are to be furnished to the affected employee. The recovery also cannot be effected at one stretch, it can be done gradually. You may consult a local consultant with the details of your issue and take his advise on further issues.

Sudhir Kumar, Advocate (Advocate) 09 July 2014

I will partially disaggree

It is not merely information to the employee. A SCN has to be issued as to why the pay should not be lowered stating reasons as to how th pay is fixed wrongly.

that is the reasons I said:-

read FR 31A

any show cause notice given before recovery and reduction ofpay?