Mark (faculty) 19 February 2013

Wrongful recovery?

Sir:

In a C. Govt autonomous body where I work, I was given additional charge/ duties for which I was given an order stating that during this charge, the accommodation which I was already occupying, would be treated as 'rent-free accommodation during the charge. Thereafter I started receiving HRA but was charged Licence fee, for over a year.
Then, for no reason given to me, it was decided by the Board of Governors and I was given a fresh order statng that I would be charged HRA and Licence fee, but additional remuneration would be given for the same duties (this amount happened to be equivalent to the HRA).

Recently, after 3 years, the auditors have observed this an irregular payment and reccommended that the employer should refund the Licence fee I paid and that I should refund of HRA
Moreover the additional remuneration is being treated as irregular even though this remuneration has been approved/ resolved by the Board of Governors and they have reccommended that they should recover that amount from me as well.

At present, my employer has already initiated recovery of the HRA amount. which is almost 15% of my monthly salary.

My questionss:

1)- if it is the mistake due to the incompetence/ negligence of the Employer, should the Employee be made to bear such a huge burden?

2)- HRA is not given and Licence fee charged when a Govt Servant occupies the Govt Accommodation- That situation could be considered together as 'Rent". So am I right in this situation :'Rent free" would mean when HRA is given and License fee is not charged?

Reply Follow

7 Replies

Adv k . mahesh (advocate) 20 February 2013

thus all this is through a offical letter

Sudhir Kumar, Advocate (Advocate) 20 February 2013

have you received the HRA not being entitled so you have in that case refund teh same.

Mark (faculty) 22 February 2013

there was a misinterpretation on the part of the office (verbally told to me). Isnt the office as responsible for correct interpretation of the rules as I, yet only I am being asked to bear the burden. Is this not willful misleading of the employee by the management, an enticement to perform the duty? I have made decisions and committments based on this...

Mark (faculty) 22 February 2013

yes all in black and white

Sudhir Kumar, Advocate (Advocate) 22 February 2013

so you agree that there was misinterpretation. If you have been wrongly paid due to misinterpretation then who else will refund.

Mark (faculty) 23 February 2013

Is there no accountability required from the accountant and administrative officer? should they not be made to pay part of the recovery? There are 2 people who sign on the payslip issued to me. Aren't they drawing a salary for a post for which they are qualified and trained to interpret rules? Aren't they supposed to seek clarifications before they sanction payments...aren't they in a better position than I to seek clarifications?How can they, for 10 years get away paying the other staff who were allotted the same duties as I, yet in the 11th year when I am appointed for the same duties, I have been asked to pay back?

Sudhir Kumar, Advocate (Advocate) 03 March 2013

Disciplinary action can be taken against them. They can even be thrown out of job for causing wrongful gain to you.

They can be made to berar the loss if loss could be recovered from you. But you are well in service so recovery is possible from you and they cfannot be made to pay at this stage.

You have no right to walk away with the money evenh after discovery of wrong payment. Such plea canbe avialable only with lowly educated and low paid employee.

Has any Show Cause Notic ebeen given before recovery