• Skip to main content
  • Skip to primary sidebar
  • Home
  • Aicpin
  • Recent Post
  • Pay Matrix
    • Defence Personnel
      • MNS Officers
  • Recent Govt Orders
    • Dopt orders
    • Finmin orders
  • DA From January 2021
  • Holiday list 2020
Govtempdiary

Govtempdiary

Govtempdiary is leading Central government employees news provider

You are here: Home / CG Staff news / Recovery of wrongful/excess payments made to Government servants.
This image has an empty alt attribute; its file name is b_new.gif Demanded for payment of Dearness Allowance/Dearness Relief with arrears since 01.01.2020
This image has an empty alt attribute; its file name is b_new.gif AICPIN for the month of November 2020
This image has an empty alt attribute; its file name is b_new.gif LTC cash voucher scheme Calculator
This image has an empty alt attribute; its file name is b_new.gif Expected DA from January 2021 Calculator
This image has an empty alt attribute; its file name is b_new.gif List of Kendriya Vidyalaya Schools 2021

Quick links
Hot newsDopt orders
Recent govt ordersRecent post

Recovery of wrongful/excess payments made to Government servants.

May 25, 2020 rajasinghmurugesan

Recovery of wrongful/excess payments made to Government servants

F.No.18/26/2011-Estt (Pay-I)
Government of India
Ministry of Personnel, PG and Pension
Department of Personnel and Training

North Block, New Delhi,

Dated the 6th February, 2014

OFFICE MEMORANDUM

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

The undersigned is directed to say that the issue of recovery of wrongful/excess payments made to Government servants has been examined in consultation with the Department of Expenditure and the Department of Legal Affairs in the light of the recent judgement of the Hon’ble Supreme Court in Chandi Prasad Uniyal And On vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 ‘SCC 417, decided on 17th August, 2012. The Hon’ble Court has observed as under:

15. We are not convinced that this Court in various judgments referred to hereinbefore has laid down any proposition of law that only if the State or its officials establish that there was misrepresentation or fraud on the part of the recipients of the excess pay, then only the amount paid could be recovered. On the other hand, most of the cases referred to hereinbefore turned on the peculiar facts and circumstances of those cases either because the recipients had retired or on the verge of retirement or were occupying lower posts in the administrative hierarchy.

16. We are concerned with the excess payment of public money which is often described as “tax payers money” which belongs neither to the officers who have effected over-payment nor that of the recipients. We fail to see why the concept of fraud or misrepresentation is being brought in such situations. Question to be asked is whether excess money has been paid or not may be due to a bona fide mistake. Possibly, effecting excess payment of public money by Government officers may be due to various reasons like negligence, carelessness, collusion, favouritism etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been receiyed by the recipients also without any authority of law. Any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment.

2. Hon’ble Supreme Court also distinguished the cases like Shyam Babu Verma v UOI, 1994 SCR (1) 700, 1994 SCC (2) 52, Syed Abdul Qadir and Ors. v. State of Bihar and Ors,(2009) 3 SCC 475, Sahib Ram v. State of Haryana,1995 Supp (1) SCC 18 etc., where it had not allowed recovery of excess payment in view of the peculiar facts and circumstances of those cases so as to avoid extreme hardship to the concerned employees, for example, where the employees concerned were mostly junior employees, or they had retired or were on verge of retirement, the employees were not at fault, and recovery which was ordered after a gap of many years would have caused extreme hardship.

3. In view of the law declared by Courts and recently reiterated by the Hon’ble Supreme Court in the above cited case, Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 SCC 417, the Ministries/Departments are advised to deal with the issue of wrongful/excess payments as follows:

i. In all cases where the excess payments on account of wrong pay fixation, grant of scale without due approvals, promotions without following the procedure, or in excess of entitlements etc come to notice, immediate corrective action must be taken.

ii. In a case like this where the authorities decide to rectify an incorrect order, a show-cause notice may be issued to the concerned employee informing him of the decision to rectify the order which has resulted in the overpayment, and intention to recover such excess payments. Reasons for the decision should be clearly conveyed to enable the employee to represent against the same. Speaking orders may thereafter be passed after consideration of the representations, if any, made by the employee.

iii. Whenever any excess payment has been made on account of fraud, misrepresentation, collusion, favouritism, negligence or, carelessness, etc., roles of those responsible for over payments in such cases, and the employees who benefitted from such actions should be identified, and departmental/criminal action should be considered in appropriate cases.
iv. Recovery should be made in all cases of overpayment barring few exceptions of extreme hardships. No waiver of recovery may be allowed without the approval of Department of Expenditure.

v. While ordering recovery, all the circumstances of the case should be taken into account. In appropriate cases, the concerned employee may be allowed to refund the money in suitable installments with the approval of Secretary in the Ministry, in consultation with the FA.

vi. Wherever the relevant rules provide for payment of interest on amounts retained by the employee beyond the stipulated period etc as in the case of TA, interest would continue to be recovered from the employee as heretofore.

sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Government of India

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18_26_2011-Estt.Pay-I-06022014.pdf]

Related posts:

  1. Recovery of wrongful/excess payments made to Government servants – PCDA
  2. Recovery of wrongful / excess payments made to Government servants
  3. Waiver of recovery of wrongful/excess payments – DOP&PW
  4. Recovery of wrongful / excess payment made to Government servants
  5. Recovery of excess payments made to pensioners
  6. Refund of overpayment of pension to the Government Account – Recovery of excess/wrong pension payments made to the pensioners
  7. Railway Board order – Stoppage of recovery of wrong/excess payments from Railway pensioners
  8. CPAO – Recovery of excess payment made to pensioners
  9. RBA No. 88/2020: Excess Pension Payments to Railway Pensioners
  10. Intimation of recovery of excess/over payment made to pensioners
  11. Recovery of excess payment of Retirement Gratuity from the employees who retired voluntarily after getting the benefit of adding years of service
  12. CPAO – Intimation of recovery of excess/over payment made to pensioners
  13. GPF Wrongful use of advance Rule 14
  14. Government to Make Payments Directly to the Bank Account of Payees
  15. GPF Wrongful use of money withheld or withdrawn Rule 29
  16. Excess pay given due to dept mistake cannot be recovered from the employee
  17. Grant of eligibility for allotment of General Pool office as well as residential accommodation, to the Debt Recovery Tribunals (DRT’s) and Debt Recovery Appellate Tribunals (DRAT’s).
  18. Payment to Government servants other than salary etc. through e- Payment from 1st April 2012
  19. Grant of eligibility for allotment of General Pool office as well as residential accommodation to the Debt Recovery Tribunals (DRT’s) and Debt Recovery Appellate Tribunals (DRATs) – Reg
  20. Review of WFH operations relating to processing of Government payments by PAOs/CDDOs

Filed Under: CG Staff news, CGE LATEST NEWS, Dopt orders | Department of Personnel & Training, DOPT ORDERS 2014, Pay Rules, Promotions May 25, 2020 Leave a Comment

LTC cash voucher scheme 2020
LTC cash voucher scheme 2020

PIB – “Pension Payment Order” (PPO) promises ease of living for senior citizens: Dr Jitendra Singh

January 18, 2021 By selva 2 Comments

“Pension Payment Order” (PPO) promises ease of living for senior citizens: Dr Jitendra Singh Ministry of Personnel, Public Grievances & Pensions Posted On: 17 JAN 2021 5:16PM by PIB Delhi Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh […]

Finmin Order – Standard Operating Procedure for Redressal of Public Grievances

January 18, 2021 By selva Leave a Comment

Finmin Order – Standard Operating Procedure for Redressal of Public Grievances File No. M-51011/1/2020-CDN-CGA/1066Ministry of FinanceDepartment of Expenditure,Controller General of Accounts Mahalekha Niyantrak BhawanE-Block, GPO Complex, INA, New DelhiDated 13th January,2021 OFFICE MEMORANDUM Subject: Standard Operating Procedure for Redressal of Public Grievances-reg. In order to enhance the effective grievance redressal mechanism in the CGA office, […]

PCDA – Functioning of office with 100% strength

January 13, 2021 By GEDWEBZIP Leave a Comment

All the officers and staff members will attend their respective offices with 100% strength. It is reiterated that instructions on COVID-19 protocol and preventive measures issued by MHA and Ministry of Health and Family Welfare from time to time must be strictly complied with

CPAO : Submission of Life Certificate by NPS-AR pensioner through Jeevan Pramaan

January 13, 2021 By GEDWEBZIP Leave a Comment

Submission of Life Certificate has been developed in Jeevan Pramaan for NPS-AR pensioners and this interface is now live for submission of Digital Life Certificate (DLC) through Jeevan Pramaan

High Court Order : Freezing of Industrial Dearness Allowance w.e.f. 01.10.2020

January 9, 2021 By GEDWEBZIP Leave a Comment

Regarding freezing of Industrial Dearness Allowance w,e.f. 01.10.2020 in respect of Executives and Non-Unionised Supervisors of CPSEs following IDA pay pattern

Grant of Advance – Special Festival Package(10,000/-) to Govt Servants

January 7, 2021 By GEDWEBZIP Leave a Comment

Grant of Advance – Special Festival Regarding an Interest Free Advance of Rs 10,000/- on account of Special Festival Package and Application For claiming Special Festival Package

Interest rates for National (Small) Savings Schemes – SB Order No. 38/2020

January 6, 2021 By GEDWEBZIP Leave a Comment

The rate of interest on various Small Savings Schemes (National Savings Schemes) for the fourth quarter of financial year 2020-21 (starting from 1st January, 2021 and ending on 31th March, 2021)

Grant of Pongal Prize to ‘C’ and ‘D’ Group Pensioners/All Family Pensioners – TN Govt Order

January 5, 2021 By GEDWEBZIP Leave a Comment

This order shall also be applicable to all ‘C’ and ‘D’ Group provisional pensioners. The Pongal Prize amount shall not be admissible to those employees who retire on or after 04-01-2021

Adhoc Bonus for Pongal festival 2021 – TN Govt Order

January 5, 2021 By GEDWEBZIP Leave a Comment

The Ad-hoc Bonus shall be computed on the basis of actual emoluments as on 31st March 2020. The amount of ad-hoc bonus shall be calculated as if monthly emoluments were Rs.3,000/- per month

More Posts from this Category

List of Holidays during the year 2021 for central government offices in Tripura

Regarding list of public and restricted holidays during the year 2021 for central government offices located in Tripura

Holiday list in the State of Haryana during the Calendar year 2021

Holiday list both public holidays and restricted holidays in the State of Haryana during the Calendar year 2021, dated December 3, 2020

Recent comments

  • CHIRANJIBI NEPAL on Promotion/MACP Option form Calculator
  • Raj Kishore Pradhan on Expected Dearness allowance [DA] from January 2021 Calculator
  • M Ali on Posting/transfer of defence civilian employees on compassionate grounds or on mutual basis
  • M.K.KUMAR on LTC Leave Enhancement Calculator For Block Year 2018-2021
  • M.K.KUMAR on LTC Leave Enhancement Calculator For Block Year 2018-2021
  • M.K.KUMAR on Promotion/MACP Option form Calculator
  • Pradeep Kumar on Micro ATM – IPPB
  • Pradeep Kumar on Micro ATM – IPPB
  • Rajesh on LTC Leave Enhancement Calculator For Block Year 2018-2021
  • shail bhatt on LTC Leave Enhancement Calculator For Block Year 2018-2021

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Search

calcuators

  • Expected DA Calculator January 2021
  • HRA calculator 2020 (DA>25%)
  • Tax benefit calculator 2020
  • Expected DA For Bank Employees From November 2020
  • 7th pay commission calculator [updated]
  • Promotion/MACP Option form Calculator
  • 7th Pay Commission Pension Calculator
  • Bonus Calculator 2020
  • LTC Leave Enhancement Calculator For Block Year 2018-2021
  • LTC cash voucher scheme Ready reckoner

Pay Matrix table

  • Defence Personnel
  • MNS Officers
  • Tamil nadu
  • Rajasthan
  • Odisha
  • Gujarat
  • Haryana
  • Jharkhand
  • Madhya Pradesh
  • Nagaland
  • Tripura
  • Uttrakhand
  • Assam
  • Bihar

CSD Price list

  • CSD Car Price List 2021
  • Maruti Suzuki CSD Car Price List 2021

KVS Schools list

  • List of Kendriya Vidyalaya Schools
Copyright© 2010–2021

Central Government Employees News - Govtempdiary