Excelsior Correspondent
Srinagar, Apr 24 : Observing the recovery of excess salary by the employer is impermissible, the Central Administrative Tribunal (CAT) Srinagar bench directed the Irrigation and Flood Control (I&FC) Department not to make recovery to its retired employee for excess salary under higher pay scale which he has drawn as per the order of department itself.
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Ritu Tagore (Judicial member) set aside the order of recovery with the further direction to the authorities not to affect recovery in pursuant to the impugned order.
The Chief Engineer I&FC had in passed an order whereby the placement of aggrieved employee in the pay scale was granted vide order dated 23.7.2001 was revised and directed to take effect 1.11.2004 instead of 23.7.2001.
In the said order, it was further ordered to the drawing and disbursing officer to set right the service records of the said employee and recover the excess salary drawn by the employee.
The aggrieved employee contends that the order of recovery is patently illegal and unsustainable in the eyes of law as the same has been passed after a lapse of more than 14 years of such grant of benefit that too by the department itself and he cannot be penalized for the mistake of the department.
Justice Tagore after perusal of the record and hearing both the counsels at length said there is nothing on record which suggests the said benefit has been obtained by the aggrieved employee by way of fraud or misrepresentation.
Justice Tagore reiterated the ruling of the apex court on the issue and said, recovery of payment from employees, particularly in absence of any misrepresentation or fraud, and more so from retired employees is impermissible in law.
“…there has been clear denial of the principle of natural justice, particularly the doctrine of audi alteram partem, before adversely affecting the civil rights of the applicant-employee. The recovery has been ordered without affording the applicant an opportunity of being heard and in absence of any fault, fraud or misrepresentation attributed to the applicant-employee in the grant of higher pay scale…”, the CAT bench recorded.
The bench has clarified that in case any amount has been recovered from the aggrieved employee in terms of the order under challenge, the same shall be refunded to the employee with eight weeks.
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