LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Extra salary credited

(Querist) 03 April 2024 This query is : Resolved 
I left my GDS Abpm ( in department of posts) job on January 5th 2024 after serving letter to my sdi on 1st January, still I was receiving full salary till Feb for 2 months.

I left because of harsh working conditions on job without serving one month notice.

I had to travel almost 30 km on unpaved road in hilly areas, without any insurance from department side also they forced me to carry cash far exceeding my salary of 14000 on my own risk.

Now my sdi is asking for refund of salary of 2 months on phone calls. Also he sent his men to my house threatening to file FIR against me , but he hasn't served me any written letter for refund

I want to know what will happen if I don't return the money since GDS is likely a Contractual Govt job.I had done a lot of expenses on my own while serving the job i don't want to return money,

kavksatyanarayana Online (Expert) 03 April 2024
You left the job on 5th January 2024 by servicing notice on 1st January 2024. But without relieving from the GDS how did you relive? It means you have absconded though you were paid two months' salary, so you must return it.
T. Kalaiselvan, Advocate (Expert) 03 April 2024
If you have received the salary beyond your service period then this money do not belong to you, it becomes your duty to return the amount to government.
They cannot send you any official letter asking your to return the excess salary paid amount because it is a blunder mistake on their side, therefore they are trying all type of activities to put pressure on you to return the amount in order to save their own employment.
You cannot claim that since you have incurred additional expenses hence you will not return this amount.
If the department decides it can initiate legal steps to recover the amount from you which will be more complicated, hence think it wise and take a proper decision
Sudhir Kumar, Advocate (Expert) 04 April 2024
You have been paid excess salary. You re not refunding. It is civil wrong and doe snot appear to be a criminal wrong. If the money is really paid excess the it may not be easy path for you to avoid refund for all times to come.

Given facts as observed by experts above give a clear indication that you just absconded the job without information and salary kept being paid to you. if that is the case then it can be alleged that you engineered resignation in such a way that salary kept coming even after the date you claim to have left job.

Your query is also silent as what were terms of notice for resignation in he contract.

You have not clarified if the harsh working condition (which you claim to walk for 30 Km daily) and wages of Rs 1400 were or were not known to you.

Carrying cash more than salary is not new got employees in Govt/private sector.

Ask then to given in writing so that you can refund. he cannot send muscle men to you for refund. You can call police if anyone comes.

Now coming to the expenses you have incurred

Your assertion is vague as it does not specify:-

1. what were the expenses.
2. whether these expenses were admissible.
3. whether thee expenses were authorized.
4. whether these expenses were within the scope of your contract.
5. whether you claimed expenses.

In any case it may be in your interest to refund the excess paid.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now