• Home
  • Pay Calculator
  • Pay Matrix
  • DA Table
  • DoPT
  • 7th CPC News

CENTRAL GOVERNMENT EMPLOYEES NEWS

7th PAY COMMISSION, 7th CPC NEWS, 7th CENTRAL PAY COMMISSION, 7th PAY SCALE, 7th PROJECTED PAY SCALE, 7th EXPECTED PAY SCALE, EXPECTED DA, DOPT ORDERS

  • Retirement Age
  • CSD
  • CGHS
  • Holidays
  • Finmin
  • AICPIN
  • Holiday Home
You are here: Home / DOPT / Recovery of wrongful and excess payments made to Government servants – Dopt orders on 2.3.2016

Expected DA Calculator from January 2021 (Updated Nov 2020)
Central Government Pay Scale Calculator
7th CPC Pay Fixation on Promotion MACP Calculator

Retirement Date Calculator 2020
Leave Encashment Calculator 2020
Commutation of Pension Calculator 2020

7th Pay Matrix Table for Central Government Employees
7th Pay Commission Salary Calculator Updated 2021
7th Pay Commission Calculator for Teachers

LTC Cash Voucher Scheme Calculator 2020

Recovery of wrongful and excess payments made to Government servants – Dopt orders on 2.3.2016

March 2, 2016 admin Leave a Comment

Recovery of wrongful and excess payments made to Government servants – Dopt orders on 2.3.2016

F.No.18/03/2015-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 2nd March, 2016

OFFICE MEMORANDUM

Sub: Recovery of wrongful / excess payments made to Government servants.

The undersigned is directed to refer to this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014 wherein certain instructions have been issued to deal with the issue of recovery of wrongful / excess payments made to Government servants in view of the law declared by Courts, particularly, in the case of Chandi Prasad Uniyal And Ors. vs. State of Uttarakhand And Ors., 2012 AIR SCW 4742, (2012) 8 SCC 417. Para 3(iv) of the OM inter-alia provides that recovery should be made in all cases of overpayment barring few exceptions of extreme hardships.

2. The issue has subsequently come up for consideration before the Hon’ble Supreme Court in the case of State of Punjab & Ors vs Rafiq Masih (White Washer) etc in CA No.11527 of 2014 (Arising out of SLP(C) No.11684 of 2012) wherein Hon’ble Court on 18.12.2014 decided a bunch of cases in which monetary benefits were given to employees in excess of their entitlement due to unintentional mistakes committed by the concerned competent authorities, in determining the emoluments payable to them, and the employees were not guilty of furnishing any incorrect information / misrepresentation / fraud, which had led the concerned competent authorities to commit the mistake of making the higher payment to the employees.

The employees were as innocent as their employers in the wrongful determination of their inflated emoluments. The Hon’ble Supreme Court in its judgment dated 18 th December, 2014 ibid has, inter-alia, observed as under:

“7. Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover.

In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made. In order to ascertain the parameters of the above consideration, and the test to be applied, reference needs to be made to situations when this Court exempted employees from such recovery, even in exercise of its jurisdiction under Article 142 of the Constitution of India.

Repeated exercise of such power, “for doing complete justice in any cause” would establish that the recovery being effected was iniquitous, and therefore, arbitrary. And accordingly, the interference at the hands of this Court.”

“10. In view of the afore-stated constitutional mandate, equity and good conscience, in the matter of livelihood of the people of this country, has to be the basis of all governmental actions.

An action of the State, ordering a recovery from an employee, would be in order, so long as it is not rendered iniquitous to the extent, that the action of recovery would be more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, to recover the amount.

Or in other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be permissible in law. Orders passed in given situations repeatedly, even in exercise of the power vested in this Court under Article 142 of the Constitution of India, will disclose the parameters of the realm of an action of recovery (of an excess amount paid to an employee) which would breach the obligations of the State, to citizens of this country, and render the action arbitrary, and therefore, violative of the mandate contained in Article 14 of the Constitution of India.”

3. The issue that was required to be adjudicated by the Hon’ble Supreme Court was whether all the private respondents, against whom an order-of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer.

For the applicability of the instant order, and the conclusions recorded by them thereinafter, the ingredients depicted in paras 2&3 of the judgment are essentially indispensable.

4. The Hon’ble Supreme Court while observing that it is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement has summarized the following few situations, wherein recoveries by the employers would be impermissible in law:-

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service).

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.

5. The matter has, consequently, been examined in consultation with the Department of Expenditure and the Department of Legal Affairs. The Ministries / Departments are advised to deal with the issue of wrongful / excess payments made to Government servants in accordance with above decision of the Hon’ble Supreme Court in CA No.11527 of 2014 (arising out of SLP (C) No.11684 of 2012) in State of Punjab and others etc vs Rafiq Masih (White Washer) etc.

However, wherever the waiver of recovery in the above-mentioned situations is considered, the same may be allowed with the express approval of Department of Expenditure in terms of this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014.

6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.

7. Hindi version will follow.

sd/-
(A.K.Jain)
Deputy Secretary to the Government of India

Source:www.persmin.gov.in

E-Mail Subscription: Get Our Updates through EMail: Don't Forget to Activate Link Send to Your Mail

Related updates:

    Recovery of wrongful/excess payments made to Government servants – Dopt Orders
    Dopt Orders 2014 – Compilation of Important Orders issued by Dopt during 2014
    Recovery of Excess Payment Made to Pensioners – CPAO Orders
    Intimation of Recovery of Excess/Over Payment Made to Pensioners – CPAO Orders
    Posting of Government employees who have differently abled dependents – Dopt Orders on 5.1.2016
    Government servant to submit a statement of movable or immovable property – Dopt Orders on 5.1.2016
    Court orders against Government of India instructions on service matters – Dopt orders on 16.3.2016
    Promotion of Government Servants exonerated after retirement – Guidelines issued as OM on 25.1.2016
    Dopt Orders on submission of declaration of assets and liabilities by the public servants

Filed Under: DOPT, DOPT ORDERS, Dopt Orders 2016

Pay Matrix Table 2020

Pay Matrix Level 1 | Pay Matrix Level 2 | Pay Matrix Level 3 | Pay Matrix Level 4 | Pay Matrix Level 5 | Pay Matrix Level 6 | Pay Matrix Level 7 | Pay Matrix Level 8 | Pay Matrix Level 9 | Pay Matrix Level 10 | Pay Matrix Level 11 | Pay Matrix Level 12 | Pay Matrix Level 13 | Pay Matrix Level 13A | Pay Matrix Level 14 | Pay Matrix Level 15 | Pay Matrix Level 16 | Pay Matrix Level 17 | Pay Matrix Level 18

Holiday List

Kerala Holidays | Post Office Holidays | Delhi Holidays | Mumbai Holidays | Telangana Holidays | Gazetted Holidays | Chandigarh Holidays | Kolkata Holidays | Gandhinagar Holidays | Railway Holidays  CG Office Holidays | TN Govt Holidays | Bakrid Holidays | TN Bank Holidays | BSNL Holidays | Office Holidays | National Holidays | Optional Holidays | Chhattisgarh Holidays | Jan Calendar Holidays | Mahasivaratri Holidays | Republic Holidays | TN Govt Holidays

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recent Comments

7th CPC Latest Comments Click to Read Latest Comments

7th Pay Matrix PDF Download

7th CPC Pay Matrix Table Level 1 to 5
7th CPC Pay Matrix Table Level 6 to 9
7th CPC Pay Matrix Table Level 10 to 12
7th CPC Pay Matrix Table Level 13 to 14
7th CPC Pay Matrix Table Level 15 to 18
Pay Matrix Level 9 and 10
Level 10 salary in India
Pay Level 13 of 7th CPC
Pay Matrix Level 16
Level 7 pay matrix in hand salary
Pay Scale Chart PDF
Pay Matrix Level 10

7th CPC Pay Matrix Defence PDF

Pay Matrix Table for Defence Personnel
Defence Pay Matrix Table for Level 3 to 5
Defence Pay Matrix Table for Level 5A To 9
Defence Pay Matrix Table for Level 10 to 11
Defence Pay Matrix Table for Level 12A to 14
Defence Pay Matrix Table for Level 15 to 18
MNS Officers Pay Matrix recommended by 7th Pay Commission
7th CPC Defence Pay Arrears Calculator
Defence PBOR Pay Calculator
OROP Table No.7 – JCOs/ORs

7 CPC Latest Update News

7th CPC Fitment Factor 2.57
7th CPC Pay Fixation
7th CPC Pension Calculation
7th CPC Pension Fixation Examples
7th CPC Voluntary Retirement Scheme
DA Calculation as per 7th CPC
7th CPC MACP Scheme
7th CPC Children Education Allowance
7th CPC Transport Allowance
7th CPC Increment
7th CPC HRA
7th CPC Classification of Posts
7th CPC Armed Forces Personnel
7th CPC House Building Advance
7th CPC Leave Rules
7th CPC Travelling Allowance
7th CPC LTC Rules
7th CPC Reservation Policy
7th CPC Risk and Hardship Matrix
7th CPC New Pension Scheme
7th Pay Commission Fitment Table
7th CPC Allowances
7th CPC Advances
7th CPC AICPIN
7th CPC Briefcase Allowance
7th Pay Commission CGEGIS
7th CPC Dress Allowance
7th CPC Child Care Leave

Recent Discussions

  • Prakash on Payment of DA to CG employees at current rates – Confederation
  • M.K.KUMAR on 7th CPC Pay Fixation on Promotion and MACP Calculator
  • S. Seralathan on 7th CPC Pay Fixation on Promotion and MACP Calculator
  • M.K.KUMAR on 7th CPC Report on Child Care Leave (CCL)
  • Kalpana Shandilya on 7th CPC Report on Child Care Leave (CCL)
  • Reshma on KV Admission Class-1 – Allocation of Seats and Reservation of Seats for SC, ST, SGC, RTE and for all Categories
  • S.KUMAR on 7th CPC Pay Fixation on Promotion and MACP Calculator
  • S.KUMAR on 7th CPC Pay Fixation on Promotion and MACP Calculator
  • KD on 7th CPC Pay Fixation on Promotion and MACP Calculator
  • KD on 7th CPC Pay Fixation on Promotion and MACP Calculator

CG Office Holiday List

CG Office Holiday List 2021 - PDF Download
Holiday List for CG Employees 2021 - PDF Download
Post Office Holidays 2021
List of Life Insurance Company (LIC) Holidays 2021
Delhi Government Holidays List 2021
List of State Bank of India Holidays 2020
Kendriya Vidyalaya Holiday List 2020
Tamil Nadu Government Holidays 2021
Govt Holidays October 2020 – List of Public and Closed Holidays
Holiday List with Calendar for the month of November 2020
December 2020 Holidays in India – Happy Christmas

DA Latest News for Central Govt Employees

Expected DA Calculator from January 2021 (Updated Oct 2020)
AICPIN August 2020 - Expected DA Jan 2021 - 2nd Stage Completed!
DA Loss Calculation for CG Employees
DR Loss in Pension Calculator
17% fixed DA for 18 months to CG Employees and Pensioners
Expected Dearness Allowance Calculator for Bank Employees

State Govt Pay Matrix

TN 7th Pay Commission Pay Matrix Table
Jammu Kashmir Pay Matrix Table
Maharashtra Govt Pay Matrix Table
Rajasthan Govt Pay Matrix Table

CCS Rules Orders | Holidays Orders | Leave Orders | MACP Orders | CEA Ordres | Allowances Orders | Pay Fixation Orders | Reservation Orders | LTC Orders | NAC Orders | Transfer Orders | Govt Pay Calculator | Basic Salary Calculator | First Month Pay Calculator | 7 Pay Calculator | Defence Pay Calculator | PBOR Calculator | CPSE Pay Calculator  | Teacher Salary Calculator | GDS Pay Arrears Tool | 7 CPC Salary Calculator | DA Arrears Tool 2017

Expected DA 2021 Calculator | DA Loss Calculator | DR Loss Calculator | Expected DA Jan Calculator | Expected DA Jul Calculator | OROP Calculator | 7 Pension Calculator | Pension Calculator | Pension Tool | Promotion Calculator | Option Calculator | FR22 Fixation Calculator | 6 Fixation Calculator | Strike | RTO | DA Arrears Calculator | DA Calculator

GPF Calculator | Increment Calculator | Bonus Calculator | IT Calculator | Holiday Home Rent| CGEGIS Calculator | KVS Transfer Tool | CGHS Rates Tool | CGHS Hos Tool | Allowance Search Tool | WB Pay | MHA Pay | J&K Pay | KAR Pay | RAJ Pay | TN Opt Pay | TN Pay | HRA IT Tool | HRA Calculator | 7 CPC HRA Tool | Commutation Tool | Retirement Calculator | DL33 Calculator | Pension 2018 Calculator |

Copyright © 2021 - Central Government Employees News - 7th Pay Commission News - Site maintained by TEUT Digital Concepts