High Court of Punjab and HaryanaCWP/1340/2025disposed of

Rajkali v. State Of Haryana And Others

2025-01-29Mr. Justice Jagmohan Bansal9 pages

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/ .2 From Additional Chief Secretary to Government Haryana, Finance Department, Haryana To 1.

All the Heads of Departments in Haryana.

All the Divisional Commissioners in Haryana.

All the Deputy Commissioners/SDOs(Civil) in Haryana.

Registrer, Punjab & Haryana High Court.

Dated Chandigarh, the 20 th January, 2017.

Subject:

Regarding Recovery of Excess Payments/Amount Made to Government Employees and Other Recipients.

Sir, I am directed to invite your attention to the Finance Department's instruction bearing even No, dated 23.02.2018 on the subject noted above that had been Issued pursuant to the judgment of Hon'ble Apex Court in the Civil Appeal No. 11527 of 2014 State of Punjab and others etc Vs. Rafiq Masih (White Washer) etc. and to state that this Issue had again been adjudicated upon by the Hon'ble Apex Court vide its judgment dated 29.07.2016 in the case of Civil Appeal No. 3500 of 2006 - High Court of Punjab and Haryana and others Vs Jagdev Singh. In this judgment the

Hon'ble Apex Court has again examined the Law laid down in the Rafiq Masih case supra and clarified as well as elaborated upon certain clauses where the recovery of excess amount paid to Govt. employee be made and also otherwise.

The Govt. has examined the Law laid down by the Hon'ble Apex Court In the Jagdev Singh case supra and accordingly decided to issue amending instructions/guldelines w.e.f. 23.02.2016 1.e. from the date of issue of earlier Instructions, to regulate the issue of recovery of over payment made to Govt. employees and other recipients.

Accordingly the following clauses are hereby laid down to regulate the Issue of recovery as such with a direction for the compliance with the same meticulously.:-

1. Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service) may not be made.

II. Recovery from retired employees or employees who are due to retire within one year, of the order of recovery may not be made.

III, Recovery may not be made 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 may not be made in cases where an employee has wrongfully been required to discharge

duties of a higher post, and has been pald accordingly, even though he should have rightfully been required to work against an Inferior post. V. Recovery cannot be made in any other case, where the Court arrives at the conclusion, that recovery if made from the employees, 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.

VI. The principle enunciated in clauses I, II and III above cannot apply to a situation where an employee as well as other claimant/recipient to whom the payment was made in the first instance was clearly placed on notice that any payment found to have been made in excess would be required to be refunded where he has submitted an undertaking while receiving the benefit/payment and he shall be bound by the undertaking.

The above provision of exemption shall not be applicable and recovery shall be made where excess payment received by the claimant/recipient is due to misrepresentation made or/and fraud played by the recipient.

The responsibility of the erring officers/officials responsible for making excess payment, in case of error (other than negligence/lapse/malafied), is required to be fixed, after adopting the proper procedure.

In case of any negligence/lapse/malafied on the part of person responsible for making excess payment, action shall be taken against him, after adopting the proper procedure, and recovery shall also be made from him. 7.

A clear undertaking must also invariably be obtained from every Government Employee/Pensioner/any of the Claimants/Recipients whatsoever while making payment other than the routine/regular salary/pension (in case of Government Employee/Pansioner) to the effect of refunding the excess amount, if so found.

All the Administrative Secretaries and Head of Departments are requested to take final decision on each case of their department keeping in view instant Instructions and all the court cases pertaining to their department that are still pending for for adjudication before the Hon'ble Court may be contested on the basis of the same.

Copy of this letter is also available on website www.finhry.gov.in and same can be downloaded therefrom".

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