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DUTA Letter to Staff Associations: 27.10.2020

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Recovery Issue: Draft letters for seeking waiver of recoverable amount




To
President/ Secretary/ Office Bearers
Staff Association
___________
___________
27.10.2020
Dear colleagues,
Teachers of various colleges/ Departments of the University of Delhi have received letters from the University regarding review of their pay fixation and recovery of ‘excess’ amount paid on one count or the other. The DUTA has repeatedly reminded the University that letters of recovery/review in  many cases are in violation of the Supreme Court judgement dated 18.12.2014 which categorically points out that such recoveries are ‘impermissible’ owing to the time lapse after the payments allegedly in excess to the teachers. The University is of the opinion that as directed by the DOPT OM dated 02.03.2016 (and duly notified by Delhi University), the employer should forward the case for waiver of the recoverable amount through the UGC and the Ministry of Education to the Department of Expenditure, Ministry of Finance. 
Please find attached draft letters as requested by many teachers.
(i) Letter from the affected teacher to the Principal/Head of the Institution requesting that the Governing Body (in case of college teachers)/ University  (for  Department teachers) forwards the case for waiver of the recovery amount to the UGC, to be forwarded to the Ministry of Education with a request to seek explicit approval for the waiver from the Department of Expenditure, Ministry of Finance.
(ii) Letter of the Principal on behalf of the Governing Body for requesting waiver. 
These letters should be edited as per the specificity of the case. Also find enclosed annexures referred to in the draft letters. 
Warm regards

Rajib Ray
President, DUTA

Rajinder Singh
Secretary, DUTA

Annexures:

2016.6.27_DU Notification – LINK
Draft_Letter to the Principal – LINK
Draft_Letter from GB to UGC – LINK
2016.03.02_ DoPT Estt.Pay-I Regd Recovery- LINK



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