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Thread: Recovery from Pension

  1. #1
    Administrator gconnect has disabled reputation
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    Question Recovery from Pension

    Mr.Sankaranarayanan asked-

    I retried from service wef 30.04.2008 as ACP SA (upgradation of Scale of Pay).The Head of the circle has recd. one letter dt.20.1.06 stating that the upgradation of pay given as SA ACP is not correct and ordered for recovery of overpayment, which was not given effect till my retirement. Now I am going to receive II wage revision arrears of pay and allowances from 1.1.07 to 4/08. The Authorities propose to recover the above said impugned o/p from my arrears.


    My question is: Can they effect recovery from a a person who has drawn the increase in pay while in service in good faith and honor (this was granted only after a duly constituted DPC) and who has spent the money. I request you sir, to pl. clarify and enlighten me. But various court judgments are against recovery of o/p from the pension except in the case of miscalculation or SLF (Standard Line Fee for quarters) only.

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    Senior Member tvenkatam is on a distinguished road
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    Quote Originally Posted by gconnect View Post
    Mr.Sankaranarayanan asked-

    I retried from service wef 30.04.2008 as ACP SA (upgradation of Scale of Pay).The Head of the circle has recd. one letter dt.20.1.06 stating that the upgradation of pay given as SA ACP is not correct and ordered for recovery of overpayment, which was not given effect till my retirement. Now I am going to receive II wage revision arrears of pay and allowances from 1.1.07 to 4/08. The Authorities propose to recover the above said impugned o/p from my arrears.


    My question is: Can they effect recovery from a a person who has drawn the increase in pay while in service in good faith and honor (this was granted only after a duly constituted DPC) and who has spent the money. I request you sir, to pl. clarify and enlighten me. But various court judgments are against recovery of o/p from the pension except in the case of miscalculation or SLF (Standard Line Fee for quarters) only.

    Dear Sir,

    1. Arrears of pay & allowances pertaining to the period prior to retirement do not amount to pension. Any excess payment made earlier can be ordered for recovery from such arrears of pay.
    2. Upgradation once granted with due recommendations of DPC can not be denied subsequently unless the reversal (if granted by mistake) is ordered by the competent authority and is supported by the recommendations of DPC.

  3. #3
    Senior Member RKPATHAK is an unknown quantity at this point
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    Default Recovery

    Recovery from pension can be there is any amount has been paid in excess due to mistake

  4. #4
    Senior Member Kanaujiaml is on a distinguished road
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    Quote Originally Posted by gconnect View Post
    Mr.Sankaranarayanan asked-

    I retried from service wef 30.04.2008 as ACP SA (upgradation of Scale of Pay).The Head of the circle has recd. one letter dt.20.1.06 stating that the upgradation of pay given as SA ACP is not correct and ordered for recovery of overpayment, which was not given effect till my retirement. Now I am going to receive II wage revision arrears of pay and allowances from 1.1.07 to 4/08. The Authorities propose to recover the above said impugned o/p from my arrears.


    My question is: Can they effect recovery from a a person who has drawn the increase in pay while in service in good faith and honor (this was granted only after a duly constituted DPC) and who has spent the money. I request you sir, to pl. clarify and enlighten me. But various court judgments are against recovery of o/p from the pension except in the case of miscalculation or SLF (Standard Line Fee for quarters) only.
    Dear friend. Regretfully, I have to admit that any over payment made to employee while in service, can be recovered / deducted from wages or payments due to employee while in service, even after retirement.
    Last edited by Kanaujiaml; 24-06-2010 at 08:19 AM. Reason: For editing.

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