Pension related


My leave encashment has not been fully paid. A portion has been recovered against excess payment which is under debate. Supreme court has very clearly told that recovery can't be done from retired people
 
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unclear quwrt

 
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CEO

yOU FILE A  CASE IN iNCOME TAX TRIBUNAL AGAINST RECOVERY AS IT IFS AGAINST sUPREME COURT jUDGMENT.

 
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Thank you Sir. I was adviced to go to court. Your suggestion is interesting. Can I have further information if any?
 
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Thank you Sir. I was adviced to go to court. Your suggestion is interesting. Can I have further information if any?
 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

 Recovery of excess amount paid to Class-III and Class-IV employees due to employer's mistake is not permissible in law, the Supreme Court has ruled saying that it would cause extremely harsh consequences to them who are totally dependent on their wages to run their family.

The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer.

 
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Advocate

The facts posted are insufficient to make any definite suggestion.

 
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Thank you Sir. I will come back with full details.
 
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I had retired from the services of Textiles Committee, Ministry of Textiles, Govt. of India in March 2016 as Deputy Director. But my earned leave encashment was withheld for many months and finally settled after recovering a hefty sum.

The recovery being of excess payment made during pay fixation as per Sixth Pay Commission. The recovery was initiated as per Ministry of Textiles letter no. 19.04.2014-Estt dated 11.05.16. But the referred letter also stated that recovery has to carried out as per instructions of DOPT contained in their OM No.18/03/2015-Estt(Pay-I) dated 02.03.16. The DOPT memorandum has been issued based on a Supreme Judgement which prohibits recovery of excess payment from retired employees. So it is very clear that Textiles Committee cannot recover excess payment from me. The unfortunate thing is still the excess payment is being made to the current employees. 

Kindly help me in approaching a court of law.

 
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Advocate

You need to approach the Central Administrative Tribunal.

 
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