The issue of recovery of excess amount from pensioners
and employees has remained quite vexed since the past many years. The problem
was compounded with the Supreme Court taking a varied view in various
decisions.
Going into great detail of the subject, the Supreme Court in December 2014
however laid down the law quite clearly in Stateof Punjab Vs Rafiq Masih wherein certain guidelines were postulated for
such cases.
To the credit of the Central Government, the Department
of Personnel and Training (DoPT) has today issued a universal circular
implementing the guidelines laid down by the Supreme Court in the ibid case.
The circular is significant since it is probably for the
first time that a department has floated a universally applicable pro-employee
circular in this regard. Though departments are quick in circulating decisions of
High Courts and Supreme Court rendered against employees, it is rarely that a
similar exercise is conducted when law is laid down in favour of employees or
retirees.
The said Office Memorandum issued today, detailing the
cases where recovery is impermissible, can be accessed and downloaded by clicking here.
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