Recovery of ltc claim
Rakesh Jain
(Querist) 15 September 2014
This query is : Resolved
Dear Friends,
I got retired form the services of a PSU in October 2013.
This is in connection with my LTC claims for the Block Years 2007-08 and 2009-10 availed from my employer, a Govt. of India Company (Central PSU).
Just about a month before the date of retirement I got a message from my employer that CAG has raised a query that amount of my LTC claim was not calculated correctly as per LTC Rules which resulted in excess payment of Rs.73,028/-. I was asked to either deposit the amount or give an undertaking to deduct the amount from my retirement dues. Keeping in view that no other alternative was available at that time as my retirement date was nearing and not making arrangement for amount it may delay payment of retirement dues I reluctantly gave an undertaking for recovery of the amount for retirement dues making it clear that after looking into the matter I may approach with representation if need be. Accordingly the amount was recovered from my retirement dues.
Thereafter I made a representation for considering refund of amount recovered but the same was not considered.
On my seeking information under RTI it was informed that there were in all 47 employees who were settled LTC claims for the same sector for the Block Years 2005-06 to 2013-14 but only in five cases bills were settled only after 12.02.2013 (after the date it was pointed out by CAG) applying the correct provision as pointed out by CAG.
I feel this as an injustice to me as against 41 other persons and it amounts to partial treatment even after having fully come to know of the mistake on this account.
I also approached the concerned Ministy to look into the matter but there has been no response.
I request for the guidance of my learned friends as to if I have a case and there are there chances of success in case I approach High Court in Delhi by filing Writ Petition. In case there are chances of getting success I may please be guided with the procedure for filing Writ Petition along with Performa for the same.
Regards
Rakesh Jain
Anirudh
(Expert) 18 September 2014
You have to satisfy whether the amount paid to you was excess or not. If excess according to the rules, then the same need to be recovered.
You cannot say that because some body else also have been paid excess amount, I should also be paid.
Surely there should not be any discrimination. But that whether or not there is any discrimination should be applied looked at from the correct rule. If according to the correct rule one is to be paid 100 and was so paid, if the other person is being paid 90/- he can say he is being discriminated. But if one is according to Rule paid Rs. 100/- but by mistake other person has been paid Rs. 110/- one cannot complain that he has been paid Rs. 10 less.
Rakesh Jain
(Querist) 23 September 2014
Opinion of other distinguished friends solicited for better understanding.
T. Kalaiselvan, Advocate
(Expert) 24 September 2014
@Author, I endorse the views of expert Mr. Anirudh. What is that you donot understand from his opinion to your query. Specify so that your further query can be addressed accordingly.
