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Tuesday 30 December 2014
CAN’T RECOVER EXCESS SALARY PAID TO CLASS III, IV STAFF
SUPREME COURT
Press News by TOI
NEW DELHI: 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.
Thursday 18 December 2014
Min of Personnel, Public Grievances & Pensions
NO REDUCTION IN RETIREMENT AGE
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There is no proposal under consideration of Government to reduce the retirement age from 60 to 58 years for its employees.
The retirement age for Central Government employees was revised from 58 to 60 years in 1997 on the basis of recommendations of the 5th Central Pay Commission.
The Centre’s total wages and salaries bill for its employees for the year 2010-11, 2011-12 and 2012-13 is Rs. 85,963.50 crore, Rs. 92,264.88 crore and Rs. 1,04,759.71 crore, respectively.
This was stated by the Minister of State for Personnel, Public Grievances & Pensions, Dr. Jitendra Singh in a written reply to Sardar Sukhdev Singh Dhindsa, Dr. T Subbarami Reddy and Smt. Ambika Soni in Rajya Sabha, today.
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KSD/PK/BK/RS (ReleaseID:113622) 18.12.2014 |
Tuesday 16 December 2014
Interim Report of 7th Central Pay Commission – Official announcement of Finmin
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA
QUESTION NO 230
ANSWERED ON 25.11.2014
7th Pay Commission230 SHRI SHANTARAM NAIK
Will the Minister of FINANCE be pleased to satate :-a) the details of meetings, the 7th Pay Commission has taken so far and the items/issues discussed till date;
b) the States, visited, by the Commission if any till date and the States which the Commission proposes to visit;
c) whether the Commission proposes to take the views of the State Governments as regards their pay-scales since invariably, most of the States adopt the Central Pay Commission reports;
d) whether Commission proposes to submit any interim report;
d) whether Commission proposes to submit any interim report;
e) whether the Commission proposes to make any recommendations to bring in financial transparency; and
f) if so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF FINANCE
f) if so, the details thereof?
ANSWER
SHRI JAYANT SINHAMINISTER OF STATE IN THE MINISTRY OF FINANCE
(a)&(b): The 7th Central Pay Commission is required to make its recommendations on its Terms of Reference. Also, the Commission is to devise its own procedure. The Commission’s Terms of Reference do not enjoin upon it to keep the Government updated on its functioning and the procedure being followed by it during the course of its deliberations.
(c ): The Terms of Reference of the Commission provide that the Commission will make its recommendations, keeping in view, inter alia, the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications.
(d)to(f): The Commission is required to submit its report on its Terms of Reference. However, no Report, including any interim one, has so far been submitted by the Commission.
DOWNLOAD ADMIT CARD FOR POSTMAN/MAILGUARD EXAM 2014 - DELHI CIRCLE
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Saturday 13 December 2014
Friday 12 December 2014
Monday 8 December 2014
Tuesday 2 December 2014
RAJYA SABHA QUESTION on Improvement in efficiency of Postal Services
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| GOVERNMENT OF INDIA |
| MINISTRY OF | COMMUNICATIONS AND INFORMATION TECHNOLOGY |
| LOK SABHA |
| UNSTARRED | QUESTION NO | 101 |
| ANSWERED ON | 24.11.2014 |
| SERVICES UNDER E GOVERNANCE |
| 101 . | Chauhan Shri Devusinh Jesingbhai |
| Will the Minister of | COMMUNICATIONS AND INFORMATION TECHNOLOGY | be pleased to state:- |
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Sunday 30 November 2014
Saturday 29 November 2014
शोक समाचार
दिनांक 28-11-2014 को
भारतीय डाक कर्मचारी महासंघ के सेक्रेटरी जनरल श्री शिवाकांत मिश्र जी की
धर्मपत्नी का अचानक स्वर्गवास हो गया है l भारतीय डाक कर्मचारी महासंघ पूरा परिवार
शोक संतप्त परिवार के प्रति संवेदना व्यक्त करता है तथा ईश्वर से प्रार्थना करता
है कि दिवंगत आत्मा को शान्ति प्रदान करे l
समस्त भारतीय डाक कर्मचारी महासंघ परिवार
Friday 28 November 2014
Friday 21 November 2014
Thursday 20 November 2014
KISAN VIKAS PATRA (KVP) RE-LAUNCHED ON 18/11/2014
SALIENT FEATURES OF RE-LAUNCHED KISAN VIKAS PATRA:
1.Amount Invested doubles in 100 months ( 8years 4 months)
2.Available in denominations of Rs 1,000, 5000, 10,000 and Rs 50,000.
3.Minimum deposit Rs 1000/- and no maximum limit.
4.Certificate can be purchased by an adult for himself or on behalf of a minor or by two adults.
5.KVP can be purchased from any Departmental Post office. This facility will also be extended shortly to the designated branches of commercial Banks.
6.Facility of nomination is available.
7.Certificate can be transferred from one person to another and from one post office to another.
8.Certificate can be en-cashed after 2 1/2 years from the date of issue.
Table Showing Premature closure of KVP (for Den. Rs. 1000)
2 and half years but less than 3 years
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1201
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3 years but less than 3 and half years
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1246
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3 and half years but less than 4 years
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1293
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4 years but less than 4 and half years
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1341
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4 and half years but less than 5 years
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1391
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5 years but less than 5 and half years
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1443
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5 and half years but less than 6 years
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1497
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6 years but less than 6 and half years
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1553
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6 and half years but less than 7 years
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1611
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7 years but less than 7 and half years
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1671
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7 and half years but less than 8 years
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1733
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8 years but before maturity of the Certificate
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1798
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On maturity of Certificate
8 Years 4 month = 100 months
| 2000 |
Friday 14 November 2014
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