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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Ranbir Singh Sehrawat – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
1. The challenge in this petition is to an order dated January 17, 2023 passed by the Central Administrative Tribunal in the Original Application being OA 2976/2019, whereby the Tribunal has allowed the OA to a limited extent by stating in paragraph 9 as under:
"9. It is further seen that the salary of the applicant has been re-fixed on 30.06.2016 i.e. 06.01.2013, for the said receipt of the amount the applicant has not committed any act of commission or omission in receiving the amount, therefore, he cannot be held responsible for receiving the said amount in excess of his legitimate dues. For the reason the said recovery cannot be sustained. The respondents are directed to refund an amount of Rs.1,41,177/- as reflected in para-1 of the counter reply to the applicant within a period of four weeks along with interest at GPF rates from the date of receipt of a certified copy of this order."
2. The grievance of the petitioner as urged by his Counsel is that the Tribunal should have also considered the issue whether or not the petitioner is entitled to Grade Pay of Rs.4,200, which was sought to be taken back by the respondents herein by fixing at R
The court emphasized the need for justification in policy decisions and allowed the petitioner the opportunity to respond to additional affidavits.
The court has the authority to revive an Original Application for further consideration and can remand the matter for fresh consideration by the Tribunal.
Recovery of excess payments may be impermissible if it falls within the situations outlined by the Supreme Court, as recovery cannot be effected in such cases.
The binding nature of an employee's undertaking regarding the recovery of excess pay and the authority of competent authorities to re-fix pay scale based on applicable Pay Rules and Government Orders....
Opportunity to be heard and prejudice to the petitioner are essential considerations in matters of recovery of excess salary.
The judgment established the principle that recovery of excess payment can be ordered unless extreme hardship is caused to the employee. It also highlighted the importance of public money and the rel....
Point of Law - Supreme Court has directed that the recovery from the employees belonging to the Class-III and IV service is “impermissible in law” and also if the same is effected after a period of f....
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