LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kamlesh Sharma   07 May 2025

Amendment of rr from 4200 to 4600 with approval and notification

I joined government organisation in 2000 and in 2013 I joined another govt organisation on absorption in 2013 as PA on scale 4600. - The orgnisation I joined on absorption had previous scale of 4200 and revised this 4200 to 4600 in 2009. - But this amendment of RR for 4200 (now 4600) was not notified. No documents are available for this amendment. Since I joined on 4600 in 2013 and this amendment was made in 2009 for which no approval or document is available. -Will the recovery be made from my salary or will this scale continue? It is not my fault since organisation has not taken any proper approval.

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=1082935



 2 Replies

P. Venu (Advocate)     07 May 2025

What is the context for this query? Have you received show cause notice for revising the grade pay or any intimation for recovery?

Please note that the grade pay cannot be reduced without following the due process of giving you an opportunity to show cause.

T. Kalaiselvan, Advocate (Advocate)     08 May 2025

Generally, recoveries are permissible if the overpayment was due to the employee's fraud or misrepresentation. However, if the overpayment was due to an error in calculation, wrong application of rules, or a mistake by the employer, recovery may be limited or not allowed in certain circumstances. 

The Supreme Court has consistently ruled that excess payments made to employees cannot be recovered if the payment was not due to fraud or misrepresentation on the employee's part. The court has also emphasized that if the excess payment was due to a wrong application of rules or an incorrect calculation by the employer, it is not recoverable. 

The Supreme Court of India has reaffirmed a crucial legal principle — if an employee receives excess payment without any fraud or misrepresentation, such amount cannot be recovered later by the employer.

"This Court has consistently taken the view that if the excess amount was not paid on account of any misrepresentation or fraud on the part of the employee or if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous, such excess payments of emoluments or allowances are not recoverable."
– Supreme Court, Justice PS Narasimha


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register