The Vice Chancellor
University of Delhi
Delhi – 110007
24.1.2015
Sub: Implementation of order of Hon’ble Supreme Court of India dated 18.12.2014
regarding impermissible recovery from employees
Dear Sir,
This is to draw your attention to the above-mentioned order of the Hon’ble Supreme Court of India dated 18.12.2014 in CIVIL APPEAL NO. 11527 OF 2014(State of Punjab and others etc. vs Rafiq Masih (White Washer) etc.)
This order has summarised the following situations wherein recoveries by the employers are impermissible in law as follows:
“12. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:
- (i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service).
- (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
- (iii) Recovery 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 in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
- (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, 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.”
We urge you to issue instructions to all colleges and to the University Finance Office to stop all recoveries that are impermissible in compliance with the order of the Hon’ble Supreme Court.
I would especially draw your attention to the fact that, as per this order, recovery from retired employees, employees who are due to retire with one year and employees to whom excess payment was made more than five years ago is impermissible.
A copy of the said order is attached.
With regards,
| NANDITA NARAIN President, DUTA |
HARISH KHANNA Secretary, DUTA |
https://duta.live
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