Implementation of Supreme Court judgment on recovery of excess/wrongful payments made to employees in BSNL
No.1-6/ 201,6-PAT (BSNL) Dated: 08.3.2018
All Heads of Telecom Circles/Telephone Distt./Regions/Projects/Telecom
Stores/Telecom Factories & other Administrative offices
Bharat Sanchar Nigam Limited.
Sub: Implementation of Supreme Court judgment on recovery of excess/wrongful payments made to employees in BSNL – reg
I am directed to refer to this office letter of even no. dated 19.09.2017 vide which broad guidelines were issued to deal with implementation of Suprerne Court judgment in State of punjab and Ors. Vs. Rafiq Masih (White Washer) in CA no. 11527 of 2014 on recovery of excess/wrongful Payments made to employees.
2. This office is in receipt of query from Punjab seeking clarification on Point no. 3(a) of letter ibid especially Ls to interpretation of crucial date or the date up to which the recovery cases ire be decided by the Head of the Circle. In this connection it is clarified that Circles are authorized to take decision on excess Payment due_ to wrong fixation of pay in case of Non-executives which has been done prior to 06.02.2014 and therefore, whether recovery started prior to 6.2.2014 or continuing thereafter is not relevant. In view of this, the Circle Heads may decide waiver of recovery in the light of judgment of the Supreme Court in the matter of State of Punjab and Ors. Vs. Rafiq luruJin (White Washer) in CA no. 11527 of 2014 specifically in the case of non-executives only where excess payment of pay & allowances has been made based on the fixation of pay done prior to the date 6.2.2014 However, in case any mala-fide intention or collusion between the beneficiary and the officials entrusted with the duty of pay fixation is found, action against the beneficiary and the concerned officials may be taken and consolidated report in this regard be sent to this office.
3. As regards the cases where recovery has already been made and now the demand is being raised for refund of the amount alrerady recovered, it is stated that the same does not appear to fall in the ambit of Supreme Court judgment mentioned in para2 above. However, in case, any refund. has happened due to any court order or -otherwise, the same should not be reopened.
(Sheo W Shankar Prasad)
Dy. General Manager(Estt.-I)
Tele No. 23715155