Kayveeyes’ Daily Rules
Recap
of Wrongful excess payments made to Government servants.
This
DOPT order outlines guidelines for recovering wrongful or excess payments made
to government servants. It acknowledges the Supreme Court’s ruling in the Rafiq
Masih case, which prohibits recovery in certain situations:
Recovery may be prohibited.
prohibited if retirement is within a year of the recovery order.
·
For payments made more than five years ago:
Recovery may be prohibited.
·
For payments made while performing higher-level duties:
Recovery may be prohibited.
·
In cases of inequity or arbitrariness:
Recovery may be prohibited if it would be unfair to the employee.
The
order instructs ministries/departments to follow the Supreme Court’s decision
and seek approval from the Department of Expenditure for any waiver of recovery
in the specified situations.
The Hon’ble Supreme Court while
observing that it is not possible to postulate all situation 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)
Recvoery from employees, when the excess payments has been
made for a period in excess of five years, before the orders 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
arbitrary to such an extent, as would for outweigh the equitable balance of the
employer’s right to recover.
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.
(DOPT OM No. 18/03/2015-Estt (Pay-I)
Dated 02.03.2016)
