""Best View Always Open Current Gujarat Website Google Crome Brower"
"Wel Come To My Website -Press Ctrl+D to Bookmarks Our Site.."

Search Your Subject This Blog

Join District Wise Group

Tuesday, May 14, 2019

If a worker employed in a fixed payee gets caught in anti-corruption, he can not be suspended directly

The complete verdict of Gujarat High Cour
on 5th Pay Commission Report – Excess payment made due to wrong/irregular pay fixation – Recovery of – Permissibility – Whether over-payment of amount due to wrong fixation of 5th and 6th pay scale of teachers/principals based on the 5th Pay Commission Report could be recovered fr om the appellants who were serving as teachers or whether the appellants could retain the amount received on basis of irregular/wrong pay fixation in absence of any misrepresentation or fraud on their part – Held: 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 – Appellants did not fall in any of the exceptional categories, over and above, there was a stipulation in the fixation order that in the
condition of irregular/wrong pay fixation, the institution in which the appellants were working would be responsible for recovery of the amount received in excess from the salary/pension – Excess payment made accordingly ordered to be recovered from appellant’s salary in twelve equal monthly installments.

 The appellants-teachers/principals filed writ petition before the High Court seeking a writ of certiorari to quash an inter-departmental communication followed by a letter issued by the District Education Officer to the Manager/Principal of few Sanskrit Colleges in Hardwar where excess payments had been made due to wrong fixatio