29 December 2014
CAN’T RECOVER EXCESS SALARY PAID TO CLASS III, IV STAFF SUPREME COURT
Tuesday, December 23, 2014
CAN’T RECOVER EXCESS SALARY PAID TO CLASS III, IV STAFF
SUPREME COURT
Press News by TOI
NEW DELHI: 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.
A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment.
"We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group 'C' and Group 'D') of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution," Justice Khehar, who wrote the judgment said.
It said that the employer's right to recover has to compared, with the effect of the recovery on the concerned employee and if the effect of the recovery from the employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, which would then make it iniquitous and arbitrary, to effect the recovery.
"In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover," the bench said.
The bench passed the order on a petition filed by Punjab government challenging Punjab and Haryana high court order restraining it to recover the excess amount paid by mistake to numerous employees over the years.
It said we may, as a ready reference, summarize 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.
The court said a government employee is primarily dependent on his wages, and such deduction from salary should not be allowed which would make it difficult for the employee to provide for the needs of his family and any recovery must be done within five years.
In this case, the employees were given monetary benefits in excess of their entitlement due to a mistake committed by a concerned competent authority, in determining the emoluments payable to them.
TRADE UNION WORKSHOP 2015 5th, 6th JANUARY 2015 - BANGALORE PROGRAMME SCHEDULE . Inauguration & Class I Subject:
Friday, December 26, 2014
CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS
CENTRAL HEAD QUARTERS, NORTH AVENUE, NEW DELHI - 110 001.
TRADE UNION WORKSHOP 2015
5th, 6th JANUARY 2015 - BANGALORE
PROGRAMME SCHEDULE
05-01-2015
10.00 AM to 11.30 AM Inauguration & Class I
Subject:
International-National situation & : Com.A.K.Padmanabhan,
Task of the Trade Unions National President, CITU
11.30 to 11.45 - Tea Break
11.45 AM to 1.15 PM Class II (Interactive Session)
Subject: 7th CPC Memorandum & : Com.S.K.Vyas, Advisor
Related issues - Interation of Delegates : Com.K.K.N.Kutty, President &
with CHQ Leaders. : Com.M.Krishnan, Secretary General
will attend the session.
1.15PM to 2.00 PM -Lunch Break
2.00 PM to04.00 PM Class III
Subject:
Media and Politics : Com. P.Rajeev, MP, Rajyasabha.
04.00 PM to 04.30 PM - Tea Break
04.30 PM to 07.00 PM Class IV (Interactive Session Continues)
Subject:
Central Govt. Employees Charter of : National Leaders of Confederations will
Demands - Future Course of Action - attend the session.
Role of Confederation.
06-01-2015
9.00 AM to 11.00 AM Class V
Subject:
Two decades of Globalisation and its impact : Dr.Venkitesh Athreya (Economist)
on working class.
11.00 AM to 11.15 AM - Tea Break.
11.15 AM to 01.00 PM Class VI
Subject:
Human Rights and Working Class : Prof.G.Haragopal (ICSSR, National Fellow,
Tata Institute of Social Sciences, Visiting Professor, National School of Law, Bangalore.
01.00 PM to 02.00 PM - Lunch Break
02.00 PM to 04.00 PM Class VII (Interactive session continues)
Subject: How to further improve the
functioning of Confederation : National leaders of Confederation will attend
the session.
04.00 PM to 05.00 PM
Camp Review and conclusion.
- 05.00 pm - END –
Venue of the Camp : Income Tax Office, Bangalore.
“Cauvery Hall, 4th Floor of Income Tax Office located on Queens Road, which is opposite to GPO building and near to Vidhan Soudha (State Assembly Hall).
Registration : 0800 AM to 09.30 AM
Attendance of all delegates in the camp from 05-01-2015, 10 AM to 06-01-2015, 05.00PM is compulsory. No exemption will mbe granted to any delegate. Late coming and early leaving not permitted.
K.K.N.Kutty, M. Krishnan,
President. Secretary General.
26 December 2014
Memorandum Submitted to sri. BANDARU DATTATREYA,HON’BLE MINISTER OF LABOUR, GOVT. OF INDIA ON wage structure of casual contingent employees and their regularization.
NFPE
NFPE
ALL INDIA POSTAL CASUAL, PART TIME CONTINGENT
AND CONTRACT WORKERS FEDERATION
NEW DELHI.
PRESIDENT: WORKING PRESIDENT
Com. C.C. PILLAI
Com. Y.NAGABHUSHANAM
Date- 27.12.2014
Memorandum Submitted to sri. BANDARU DATTATREYA,HON’BLE
MINISTER OF LABOUR, GOVT. OF INDIA ON wage structure of casual
contingent employees and their regularization.
We the all India federation
casual, contingent part time and contract workers working in Dept. of posts for
favorable consideration of the minister.
The system of engaging casual
laborers is in existence in the Dept. of post even from undivided P&T
Dept. casual labour are engaged against group’d’/ postman vacencies since 1980
but they are not being considered for regularization.
NFPTE filed writ petition No302
of 1986 on 5-2-86 in the manner of MANDAMUS to the Union of India to direct it
to pay to the petitioners same salary and allowances and other benefits as are
being paid to the regular and permanent employees in the corresponding
cadre and to direct the Union of India to regularizes the service of casual labor
who had been continuous service more than 6 months.
The Apex Court delivered the Judgment on
27-7-1987 which directed the Government as follows :-
Direction (1). The petitioners are
entitled for the wages rates equal to the minimum pay in the pay scale of the
regular employees and workers in the corresponding cadre including DA & ADA
if any and other benefits which are being enjoying on the date of the Judgment.
Direction (2). Directed the
department to prepare scheme on a rational basis for absorbing as far as
possible those who have been continuously working for more than one year Within
eight months of the date of Judgment.
Basing on these Judgments some orders
were issued by the department.
They are-
(1)
DOP
no 14/8/88-PAP dated 15-6-1987.
(2)
This
order allowed paid w/off if a casual labor performed duties for 6 days.
2- DOP no 2-10/88-PE dated 19-2-88 directing
the authorities to create posts wherever feasable and complete the
process of absorption by 31-5-1988
3-
DOP No 17-141/88-EDC & trg. dated 6-6-88 in these orders instruction issued
for considering casual labors against group D/ EDA posts. In spite of all these
orders same are not being implemented at lower level and number of
quires were raised as mentioned below.
A.
Who should be treated as
casual labor
B.
Whether casual labor engaged through
employment exchange are to be absorbed or all casual labors are to be absorbed
.
these
were clarified by the department vide its No 55-24/88 –SPB1 dated 17-3-89 This
order clarified that all the casual workers working with different names in all
the offices should be treated as casual labor only with two different names
i.e. part time casual labor and full time casual labor.
Further
clarification was issued on 16-9-92 vide lr. no.45-14/92 –SPB 1-directing the
authorities to consider the PTCLs working for five hours and more should be
made PTCL by re-adjusting on combination of duties wherever possible. In the
same order it was clearly mentioned that in future no fresh CL should be
engaged.
Dept.
of post issued orders called as grant of temporary status and regularization
scheme wef. 29-11-89 according to which CL on the roles of the Dept as on
29-11-89 was continued to employed for 240 days in a year would be conferred by
the temporary status. This was further extended up to 1-9-93.
In
spite of various orders mentioned above lower level authorities did not
concentrate on this issue and casual labor system was continued as it is and
engagement of new CL and contingent without following the rules and orders.
Again
in the years 2006 orders were issued by DOPT vide its memo no.
49019/1/2006-EStt.dated 11 Dec.2006 for regularization of casual
labors who were recruited in irregular manner also basing on the
Supreme Court Judgment in Civil Appeal No 3595,3612/1999 dated 10-4-2006. But
the same was neither circulated nor implemented by the dept. of posts.
Even
CAT HYD. in OA no 388 of 1998 directed the Dept. to grant the temp. status to
PTCL also but the same was not implemented and opposed by the Dept. and filed
wp No 17048 of 2000 in AP High Court . Hon'ble High Court dismissed the
petition confirming the orders of the CAT on 7-9-2010 . again dept.
approached Hon'ble Supreme Court by filing SLP which was dismissed by the Apex
Court . After this much of long struggle for 15 years the Hon'ble CAT judgment
was implemented for only those who approached that too particularly
prospectively but not retrospectively.
This
is the situation prevailing in the dept of post in respect of casual labors.
Even today Number of casual labours working from 1980 are still awaiting for
their absorption.
After
implementation of 6th C.P.C. to the regular employees they
have been denied of revised wages even till today on one plea or other. The
benefits which have been enjoyed by the down trodden section which are given
because of the Judgment given by Apex Court on 27-7-1987 were withdrawn one by
one.
They
are:-
1.
*Paid w/o was withdrawn on the plea of Audit
objection
2.
3.
*They have been denied temporary status
4.
3. *They have been denied identity cards which
are essential to them for performing duties.
4. *They have been denied arrears of revised
wages / DA from 1-1-2006
5.
* Wages were not revised on par with regular employees w. e.f.
1-1-2006
6. * They
are not being paid DA for the last three years.
7. Up
to implementation of fifth C.P.C. recommendation payment of HRA & CCA was
drawn with arrears but subsequently this was withdrawn against which Hon'ble
CAT Chennai delivered Judgment to pay HRA&CCA ,the same was ratified by
Hon'ble High court also but by amending the rules dept. did not implement the
Judgment and HRA&CCA and permanently withdrawn by issuing clarificatory
order.
Keeping in view all the above HON’BLE MINISTER is requested to
examin the situation prevailing in respect of casual labor in the dept. and direct
the Department to settle the issue early.
i.
Immediate payment of revised wages from 1-1-2006 along with
arrears irrespective of date of entry in the dept. which was
quashed by the Apex Court in 1987
ii.
All the CL either full time or part time may be granted paid
w/o,POH Including national holidays.
iii.
All the part time contingent posts may be converted as GDS posts
and the present incumbents working in that posts may be upgraded as GDS
iv.
All other PTCL may be regularized by issuing appointment orders
so that they will get job security
v.
All the PTCL may be absorbed against MTS/GDS vacancies by
implementing AP High Court Judgment in W.P. no 17048 of 2000 dated 7-9-2010
vi. The following modifications may be made in
the latest MTS recruitment rules
1. Against 25% out side quota priority may be
given to eligible casual labors.
2. The condition of prior to 1993 in respect of
PTCL may be remove keeping in view AP High Court Judgment
vi.
PTCL may be considered against GDS vacancies by reiterating the
DG posts order no 17-141/88-EDC&TRG dated 6th June 88.
vii.
casual labour engaged against postmen vacancies may be allowed
to write examination for departmental vacancies.
We hope that minister will
intervene and settle the issue by issuing instructions to the department to
implement various orders issued time to time.
Thanking you sir,
Yours faithfully,
[P. MOHAN]
GENERAL
SECRETARY.
A P POSTAL CIRCLE RELIEF FUND DONATION TO HUD -HUD CYCLONE EFFECTED POSTAL EMPLOYEES OF VISHAKHAPATNAM/ANAKAPALLY/SRIKAKULAM/PARVATIPURAM/RMS V DN/RO VISHAKHAPTNAM. SANCTION MEMO ISSUED TO ALL THE ABOVE DIVISIONS FOR RE-UMBERSMENT OF AMOUNT.
A P POSTAL CIRCLE RELIEF FUND DONATION TO HUD -HUD CYCLONE EFFECTED POSTAL EMPLOYEES OF VISHAKHAPATNAM/ANAKAPALLY/SRIKAKULAM/PARVATIPURAM/RMS V DN/RO VISHAKHAPTNAM. SANCTION MEMO ISSUED TO ALL THE ABOVE DIVISIONS FOR RE-UMBERSMENT OF AMOUNT.
Sub:- Financial Assistance from Postal Relief Fund of A.P
Circle.
The Committee of APPRF has
been decided to grant Rs.1,62,56,000- towards financial assistance to
Departmental, GDS & Contingent employees who affected with recent hudhud
cyclone in Visakhapatnam Region.
Details are as
follows : (No. of beneficiaries)
|
Category
|
R.O (VSP)
|
Divisions
|
|||||
|
Srikakulam
|
Visakhaptnam
|
RMS’V’
|
Anakapalli
|
Parvathipuram
|
Vizianagaram
|
||
|
PA
|
24
|
171
|
241
|
136
|
119
|
65
|
101
|
|
Postmen
|
-
|
44
|
152
|
9
|
21
|
24
|
35
|
|
MTS
|
5
|
18
|
56
|
55
|
14
|
7
|
12
|
|
BPM
|
--
|
524
|
92
|
--
|
452
|
179
|
271
|
|
GDS
|
--
|
381
|
201
|
1
|
372
|
211
|
200
|
|
Contingent
|
3
|
67
|
93
|
--
|
59
|
44
|
40
|
|
Total
|
32
|
1105
|
835
|
201
|
1037
|
530
|
659
|
Financial
assistance (non-refundable):
Departmental & GDS employees @ Rs.4000-
Contingent employees @ Rs.3000-
Amount granted : Rs.1,62,56,000- from APPRF grant.
…
Contributions to
collect from employees to recoup the amount in APPRF :
Officers’ cadre @Rs.1000-
HSG Officials @ Rs.800-
PA cadres’ @Rs.600-
Postman/MTS @Rs.400-
GDS @ Rs.Rs.200-
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