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, Jaipur
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