Wednesday, December 24, 2014
CHQ News - Supreme Court ruled against recovery of excess pay due to employers' mistake
Recovery of excess amount paid to Class-III and Class-IV employees due to employer's mistake is not permissible in law, the Supreme Court has ruled saying that it would cause extremely harsh consequences to them who are totally dependent on their wages to run their family.
The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer.
A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment.
"We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group 'C' and Group 'D') of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution," Justice Khehar, who wrote the judgment said.
It said that the employer's right to recover has to compared, with the effect of the recovery on the concerned employee and if the effect of the recovery from the employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, which would then make it iniquitous and arbitrary, to effect the recovery.
"In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover," the bench said.
The bench passed the order on a petition filed by Punjab government challenging Punjab and Haryana high court order restraining it to recover the excess amount paid by mistake to numerous employees over the years.
It said we may, as a ready reference, summarize 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.
The court said a government employee is primarily dependent on his wages, and such deduction from salary should not be allowed which would make it difficult for the employee to provide for the needs of his family and any recovery must be done within five years.
In this case, the employees were given monetary benefits in excess of their entitlement due to a mistake committed by a concerned competent authority, in determining the emoluments payable to them.
Notification for next CWC to held on 11.01.2014 at Jaipur
ALL INDIA ASSOCIATION OF
INSPECTOR/ASSTT.SUPDT.POSTS
Rajasthan
Circle Branch, Jaipur-302 007
President Secretary Treasurer
Atma Ram Bhupendra Parashar Gauri Shanker
9414775300 414576782 9829536096
NOTIFICATION
No. IP/ASP/Raj/CWC/2013 Dated
24.12.2013
Under the provisions of article 46 of the
Constitution of All India Association of Inspectors and Asst. Superintendents
Posts, it is hereby notified the Circle Working Committee of
Association will be held at Jaipur on Sunday, the 11th January, 2015 at 11.00
hrs .
Venue: - Jaipur
Agenda
1.
Confirmation of
proceedings of Last Circle Conference held at Jodhpur on 24.08.2013
2.
Organization Review.
3.
Discussion on issues
realtes to next All India Conference to be organized at Jaipur in the next
year.
4.
Any other item with
the permission of the chair
All CWC office bearers are requested to
attend the meeting well in time.
(Bhupendra Parashar)
Circle Secretary
IP/ASP Association,
Raj. Circle
Copy to:
1. The Chief Postmaster General,
Rajasthan Circle, Jaipur for kind information. Necessary orders may kindly be
issued to all concerned for grant of special casual leave to office bearers and
CWC members.
2.
Sri V.S.Ingale, General Secretary, All India Association of Inspectors
& ASPs, CHQ, New Delhi for kind information.
3.
Sh. Atma Ram, President of the Association.
4.
All office-bearers and CWC members.
List of CWC Members
President
|
|
Shri
Atma Ram, ASP (BD & Mkt.), R.O.Ajmer
|
Vice
President
|
1.
|
Shri
D.R.Suthar, ASP (W) Jodhpur
|
2.
|
Shri
S.R.Panchal, ASP (Petition), C.O. Jaipur
|
|
Circle
Secretary
|
|
Shri
Bhupendra Parashar, IP (Comp), C.O. Jaipur
|
Asstt.
Circle Secretary
|
1.
|
Shri
Tarun Sharma, ASP (BD), R.O.Jodhpur
|
2.
|
Shri
Vijay Singh Jain, ASP (Vig) R.O.Ajmer
|
|
3.
|
Shri
C.P.Prajapat, ASP (INV), C.O.Jaipur
|
|
Treasurer
|
|
Shri
Gauri Shanker, ASP (HQ), Tonk
|
Asstt.
Treasurer
|
1.
|
Shri
S.S.Shekhawat, IP (PMU), C.O.Jaipur
|
2.
|
Shri
Govind Vaishnav, ASP (Inv.) R.O.Ajmer
|
|
3.
|
Shri
Jitendra Kapoor, ASP (HQ) Bikaner
|
|
Organization
Secretary
|
1.
|
Shri
Ajay Chug, ASP Sub Dn. Hanumangarh
|
2.
|
Shri
B.B.Jagga, Dy. Postmaster, Jaipur GPO
|
|
3.
|
Shri
S.P.Palod, ASP Sub. Dn., Beawar
|
|
Auditor
|
|
Shri
C.L.Chippa, ASP RMS ‘J’ Division,
|
CWC
Member
|
1.
|
Ms.Pooja
Verma, ASP (HQ) Beawar
|
|
2.
|
Shri.
R.S.Bhati, IP (PMU), R.O.Jodhpur
|
|
3.
|
Shri
Rakesh Dhingra, ASP (OD) Nagaur
|
|
4.
|
Shri
Anil Kaushik, IP (PG), Jodhpur
|
|
5.
|
Shri
Gopal Lal Sharma, ASP (HQ) Chittorgarh
|
|
6.
|
Shri
Pal Singh, IP Sardarshahar
|
|
7.
|
Shri
Surendra Sharma, IP Gangapur City
|
|
8.
|
Shri
Ramesh Chandra Meena, IP Gulabpura
|
|
9.
|
Shri
Tilkesh Sharma, ASP Banswara
|
|
10.
|
Shri
P.R.Rathore, ASP (OD), Pali
|
|
11.
|
Shri
Mohan Singh Meena, ASP Sub Dn. Alwar
|
|
12.
|
Shri
Govind Sharma, ASP (Comp), C.O.Jaipur
|
|
13.
|
Shri
Rajveer Shankhwar, SAS, CO Jaipur
|
|
14.
|
Shri
R.L.Moond, ASP Sub Dn. Jodhpur
|
|
15.
|
Shri
S.N.Bairwa, IP Shahpura
|
|
16.
|
Shri
Deepak Kumar, IP Srimadhopur
|
Agenda for next Four Monthly meeting
ALL INDIA ASSOCIATION OF INSPECTOR/ASSTT.SUPDT.POSTS
President Secretary Treasurer
Atma Ram Bhupendra Parashar Gauri Shanker
9414775300 9414576782 9829536096
To,
The Chief Postmaster General,
Rajasthan Circle, Jaipur-302007
No.
:- Agenda/Dec./2014 Dated
Jaipur the 24.12.2014
Sub.:-
Agenda for next four monthly meeting.
Sir,
Agenda
of IP/ASP Association Rajasthan Circle for next four monthly meeting is as
under:-
- Supply of new Furniture for all
Sub Divisional Offices. (One Executive Chair/New Table and Two Visitors
chair).
- Issue relates to Circle Gradation
list of IP/ASP has been closed two times since last one and half year but Gradation
list has still not been issued.
- IT Modernization Project training
i.e. Finacle/McCamish/Network Project for All IP/ASPs.
Shri Gauri
Shanker, ASP (HQ), Tonk and undersigned will participate in next four monthly
meeting.
(Bhupendra Parashar)
Circle Secretary &
ASP (PMU-I),
O/O The Chief Postmaster General,
Rajasthan Circle, JaipurThursday, November 13, 2014
Tuesday, October 28, 2014
Transfer/Posting/Promotion Orders
Please click here to view Transfer/Posting/Promotion and Adhoc Promotion Orders for IP/ASP/Group B and Group A Officers.
Thursday, October 23, 2014
Thursday, October 9, 2014
India Post celebrates National Postal Week ( 9-15 Oct.) and World Post Day (9th Oct.)
World Post Day ( by Bibhuprasad Mohapatra )
“Writing letter is also an art. I have to write letter and have to write only the truth in it, and have to pour love, if with this thought you sit down to write the letter, then you will definitely write a beautiful one.”- Mahatma Gandhi (1869-1948)
Now it’s the era of email, SMS (Short Message Services) and MMS (Multimedia Messaging Service). Still the world of letters is unique. Gwalior born Hindi poet Girija Kumar Mathur (22ndAug 1919-10th Jan 1994) wrote:
“Letter is like a personal newspaper at home
Support of the loner
It’s a sign of happiness
Love and friendship.”
“Meghdoot” of the greatest Sanskrit poet and dramatist Kalidasa (5th century AD), Nobel laureate (Literature, 1907) Rudyard Kipling’s (1865-1936) poetry “The Overland Mail”, Nobel laureate (Literature, 1913) Rabindranath Tagore’s (1861-1941) play “The Post Office”, Indian writer Mulk Raj Anand’s (1905-2004) book “Story of the Indian Post Office”, American singer and actor Elvis Presley’s (1935-1977) song “Return to Sender” have illustrated the glory of letters.
These random and sudden thoughts are coming to us on “World Post Day”. The day is celebrated globally each year on 9th October, which marks the anniversary of the establishment of the Universal Postal Union (UPU) in 1874 in the Swiss capital, Bern. The Universal Postal Union was the start of global communications revolution, people could write to others all over the world.
It was declared as ‘World Post Day’ by the UPU Congress held in Tokyo, Japan, in 1969. Since then, World Post Day is celebrated all over the world to highlight the importance of the postal services.
The purpose of World Post Day is to raise awareness among common men about the role of the postal sector in people’s and businesses’ everyday lives and its contribution to the social and economic development of countries. The celebration encourages member countries to undertake programme activities aimed at generating a broader awareness of their Post’s role and activities among the public and media on a national scale.
Every year, above 150 countries celebrate World Post Day in a variety of ways. In certain countries, World Post Day is observed as a working holiday. Many Posts use the event to introduce or promote new postal products and services. Some Posts also use World Post Day to reward their employees for good service.
In many countries, philatelic exhibitions are organized and new stamps and date cancellation marks are issued. Other activities include the display of World Post Day posters in post offices and other public places, open days at post offices, mail centers and postal museums, the holding of conferences, seminars and workshops, as well as cultural, sport and other recreational activities. Many postal administrations issue special souvenirs such as T-shirts and badges.
With the support of massive network, the reach of the Postal department is in every corner of the world. The development of postal service took place rapidly in all the areas of the world since 1st half of 20th century. It seems to us that Post is nothing but “The other name of extreme trust” of the common people.
On this auspicious day, it is time to think and work as per the terms of Ex-Communication Minister:
“How we can serve the consumer best, this should be the highest duty of every Post and Telegraph worker. Frugality is essential but it should not be at the cost of work ability.” (3rd May 1971, Hemvati Nandan Bahuguna(1919-1989))
Again according to Gandhiji, “For us every consumer is an important person. He is not dependent on us. We are dependent on him. He is the purpose of our work…We do not oblige him by doing his service. He obliges us by giving us the opportunity to serve.”
|
Tuesday, September 30, 2014
Directorate call for APAR for promotion to PS Group ‘B’ cadre for the year 2014-15
Directorate call for APARs/ACRs for promotion to PS Group ‘B’ cadre for the year 2014-15. Official eligible from Rajasthan Circle are as under :-
Sl No. in Dte. List
|
Name of
Official
|
Whether SC/ST
|
Batch
|
10
|
L.S.Patel
|
|
1987
|
22
|
R.P.Kushwah
|
|
1989
|
61
|
R.S.Shekhawat
|
|
1990
|
67
|
O.P. Sodia
|
|
1990
|
78
|
Gauri
Shanker
|
|
1990
|
82
|
T.D.Vaishnav
|
|
1990
|
83
|
B.L.Sharma
|
|
1990
|
89
|
S.K.Mishra
|
|
1990
|
109
|
D.R.Suthar
|
|
1990
|
258
|
D.R.Purohit
|
|
1992
|
271
|
B.R.Bhiraniya
|
|
1992
|
302
|
Atma Ram
|
|
1992
|
313
|
M.S.Jai
|
|
1992
|
323
|
K.M.Sharma
|
|
1992
|
331
|
S.K.Sharma
|
|
1992
|
342
|
C.L.Chippa
|
|
1992
|
355
|
Har Lal
|
|
1992
|
360
|
Ram Swaroop
Sharma
|
|
1992
|
365
|
R.S.Munot
|
SC
|
1992
|
390
|
N.L.Kumhar
|
|
1992
|
393
|
Jaswant
Singh
|
|
1992
|
401
|
Ishra Ram
|
SC
|
1992
|
419
|
Babu Lal
|
SC
|
1992
|
427
|
R.L.Balotiya
|
SC
|
1992
|
451
|
S.S.Shekhawat
|
|
1992
|
469
|
K.K.Bunkar
|
SC
|
1993
|
471
|
Bhanwaru
Ram
|
SC
|
1993
|
475
|
S.P.Palod
|
|
1993
|
479
|
K.M.Meena
|
ST
|
1993
|
480
|
Om Veer
Singh
|
SC
|
1993
|
489
|
Satish
Kumar
|
SC
|
1993
|
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