UNION OF INDIA Vs. CENTRAL ADMINISTRATIIVE TRIBUNAL LUCKNOW

JUDGEMENT

(1.) Respondent no. 2 has been proceeded against by issuing a recovery order on the ground that he failed to obtain undertakings from the employees to whom some over payments were made at the time of their pay fixation under the recommendations of Fifth Pay Commission in 1997.

(2.) It appears that Government of India, Department of Finance, had issued an office memorandum dated 14.10.1997 asking the drawing and disbursing officers to obtain undertakings from employee in the form of consent to recover the amounts in the cases of extra payments by way of adjustment etc. However, it appears to be in the nature of only an advice to all the drawing and disbursing authorities.

(3.) On being asked to return the excess payments, these employees approached the Central Administrative Tribunal, Bangalore, and later the Karnataka High Court against such recoveries. The matter was finally resolved with direction that the Government could recover/adjust the payment of excess amounts only in those cases where undertakings had been obtained, and in other cases, where no such undertakings had been obtained but the excess amounts were recovered, the same have to be returned to the employees.