You can challenge said order of the DO in high court demanding refund of the amount paid as there was no mistake on your part you cannot be made to refund the cost the government shall bear the cost as the officer of the government has made such order and you were bonefide in applying under said circular.
Semi-goverment employee full pay related
I am government teacher in aided government school in gujarat. (Anand) I had joint the school in 2007. Since my school is semigovernmetnt we can be full pay after teo years if there is still vacancy in school. I have also paripatra( government circuler) for that and on based that document i applied for full pay and i also granted for full pay by district officer. And D.O. Office. Then after few years of D.O. Office sy that the circular was misunderstood and i can get full pay without 5 yeras and i have to pay all extra salaries wich i get paid in this years. So is this legal? Can i appeal that if the circuler is misundratood and false then why D.O. Office had aprroved it? Why D.O. Had signed for aprroval? And why they find it is fault after 5 to 10 years?? And after all this is not my fault as i had the leagal circuler and on based of that i applied for full pay and clerks and officer had cheked that file and granted me for full pay. Passing the file was legal from theire side not my side.. i feel i am IN THIS because of DO AND THEIR fault. Not actualy mine.
Asked 7 years ago in Civil Law
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6 Answers
you can appeal in hon'ble high court against roll back decision
you Have been granted full pay as per circular issued by government
2) if after many years govt says circular mis interpreted abd seeks refund you can chammebfs said order in application before state administrative tribunal in Gujarat
If you are a class3 of class4 employee, no recovery is permissible for you in light of the law laid down by the Hon'ble Apex Court in the case of State of Punjab vs. Rafique Masih.
You are advised to act swiftly and approach the High Court by way of filing a writ petition and seek a stay on the recovery order passed against you.
Dear Client,
Salary once paid cannot be recovered from class III and IV employee and excess payment has been made for a period in excess of five same also cannot be recovered. After how many years, DO office issued order of recovery ?
You cannot take advantage of their mistake, remedy available to you, if you are earning on the post for more than 5 years and after completion of five year and more order issued, than no recovery,
It is not your fault that you have been paid excess salary.
If at all any extra payment has been made, they can recover the same only in installments.
You may make a representation to the competent authority about this and exhaust the remedies available within the local jurisdiction.
If you dont get any positive or favorable reply you may approach court with a writ petition.
