Extra salary credited

There is no illegality if you refuse to return the excess salary paid because it is not your fault, however you can request them to permit you to return the same ininstallments.

Thanks a lot Sir 

I had been struggling to get an advice on this 

The salary has not been accrued and erronously been credited in your account, which you are required to return or get it adjusted (with consent of employer) in future accounts. 

There is soomething much valuable that is moral charecter and if you don'  own that then just keep it they can do nothing, 

If you are willing to pay back tell them  you will pay by installaments and that is fine, they have otherwise lost it

are you govt employee?

Sir I am contractual employees working in CIET,NCERT third party recruitment by EdCil India 

I unknowingly spent that amount, now I wish to know whether this loss will be recovered by an individual in EdCil if they fail to recover from me 

I don't wish to harm any individual in that way 

Your ex-employer can claim it from you. It will not be criminal case, but a civil case. You can offer to return the amount in instalments. It is up to your ex-employer to accept or not accept your offer. You were paid an amount which was not due to you. The mistake would have been committed by another employee of your ex-employer, who was entrusted by your ex-employer to calculate and make all payments. If you do not pay,. your ex-employer may recover the amount from the other employee. There may also be punishment to the other employee. Organisations do not make mistakes. Individuals make mistakes. Have consideration for the scape-goat employee.

In case you were regular govt employee then your conduct gives a sufficient reason to throw you out of service without dues.

Since you are outsourced emplpoyee your employer can still take corsive action against you.

You are one side saying that you do not want to harm anyone and on the other hand you are after the job of the accountant of the company by whose mistake (or connivance with you) excess payment fell in your account.

In the who process in case there appears to be a chance of some misrepresentation or communication gap on you part then FIR can be registered on you. [you know the complete facts better]

I am sorry to say the following.

Ignore the above comments and opinion.

What is your opinion then ? 

The question of throwing out comes only if you are continuing in service. If you are in service salaries will be due to you month after month. At first, the accounts will ask you to pay back the amount. If you ignore their letters they will get orders from their superiors to recover the amount from your salary in one or more lots. You can also request them to recover the amount in instalments which they may or may not agree. They will not throw you out in any case.

Originally posted by : Himanshi Bhatia

What is your opinion then ? 

you can try best but this forum will nto advise you to decampt with ill gotten money. As far as opinion is concerned it has been expressed,

ThanksSir for your response 

1. You have informed your seniors about the excess salary that you have received due to the leave you took for almost the whole month. You are concerned about the legal implications of not refunding the money, especially since you are not sure if you are a lower cadre employee and when your contract is ending.

2. The Supreme Court judgment in State of Punjab vs Rafiq Masih (White Washer) AIR 2015 SC 696 provides some guidance on the recovery of excess payments made to employees. The court held that it would be "iniquitous, arbitrary and harsh" to recover excess payments in the following circumstances:

(a) If the employee belongs to a lower cadre (i.e., class-III or class-IV).
(b) If the employee is retired or close to retirement.
(c) If the employee was wrongfully permitted to work for a higher post, though he should have been in an inferior post.

3. However, the court also held that the employer must detect the wrongful excess payment within five years of it being made. If the excess payment is not detected within five years, then the employer cannot recover it.

4. In your case, you have informed your seniors about the excess salary within five years of it being made. However, you are not sure if you are a lower cadre employee or when your contract is ending.

5. If you are a lower cadre employee, then you are likely protected from the recovery of the excess salary. This is because the Supreme Court has held that it would be "iniquitous, arbitrary and harsh" to recover excess payments from lower cadre employees.

6. If you are not a lower cadre employee, then the question of whether you are protected from the recovery of the excess salary will depend on the specific facts of your case. For example, if you are close to retirement, then you may be protected from the recovery of the excess salary.

7. If you are not sure whether you are protected from the recovery of the excess salary, then you should seek legal advice. A lawyer can help you understand your rights and options.

8. Here are some specific steps that you can take:-

(a) Talk to your employer. Explain the situation to them and see if they are willing to waive the recovery. You may be able to reach a mutually agreeable solution.
(b) Seek legal advice. A lawyer can help you understand your rights and options and represent you in any legal proceedings.
(c) Negotiate with your employer. If your employer is still demanding a refund, you may be able to negotiate a payment plan that you can afford.
(d) File a complaint with the appropriate authorities. If you are unable to resolve the matter with your employer, you may be able to file a complaint with the appropriate authorities, such as the Labour Department or the Consumer Court.

9. It is important to remember that you have rights. You should not be afraid to stand up for yourself and fight for what is fair.

10. In your specific case, since you have already informed your seniors about the excess salary and your contract is not supposed to get renewed, you may be able to negotiate a payment plan with your employer. You can also ask them to let you pay the money in installments. However, the final decision will depend on the specific facts of your case.