Posted at: Jan 24, 2017, 1:04 AM
Last updated: Jan 24, 2017, 1:04 AM (IST)
Tribune News Service
Chandigarh, January 23
The Finance Department has issued guidelines to regulate the issue of recovery of excess payment or amount to government employees and other recipients.
Stating this here today, a spokesman of the Finance Department said the recovery from employees belonging to Class III and IV service (Group C and D) might not be made.
The recovery from retired employees or those who due to retire within one year of the order of recovery might not be made.
Similarly, recovery might not be made from employees, when the excess payment had been made for a period in excess of five years, before the order of recovery was issued.
However, he made it clear that the principle enunciated in the above-mentioned provisions would not be applied to a situation where an employee or other claimant was clearly placed on notice that any payment found to have been made in excess would be required to be refunded where he had submitted an undertaking while receiving the benefit or payment and he would be bound by the undertaking.
He said the the recovery might also not be made in cases where an employee had wrongfully been required to discharge duties of a higher post and had been paid accordingly even though he should have rightfully been required to work against an inferior post.
He said recovery could not be made in any other case where the court arrived at the conclusion that the recovery, if made from the employees, 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.
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