An important decision has been taken in the High Court for the employees. Describing the amount of arrears at the time of payment of gratuity as illegal, instructions have been given to the employees to pay the amount as soon as possible.
Employees, Gratuity Payment: Big relief has been given to the employees by the High Court. While issuing the order, the High Court has said that the deduction of the outstanding amount of the Commission from the payment of gratuity is completely illegal. With this the government’s appeal has been rejected. It has been directed that the amount deducted from the gratuity rate be returned to the respondent.
Allahabad High Court has given a big decision in an important hearing. During the hearing on Friday also, Allahabad High Court said that the deduction of Sixth Pay Commission dues from the gratuity amount is completely illegal. Heard the appeal challenging the order passed by a bench of Justice Salim Kumar Rai and Justice Surendra Singh. Meanwhile, Rural Development was directed by the Single Judge to pay the amount deducted from gratuity to the respondent.
In such a situation, after the order of the Double Bench, the amount deducted will be paid to the Assistant Engineer working in Rural Development. In the case, the petitioner was posted on the post of Assistant Engineer DRDA Chandauli in the pay scale of Rs 8000 to 13500. The petitioner said that on the basis of his services, he was given revised pay scale as per the recommendation of the Sixth Pay Commission. The arrears of salary were also paid to the petitioner as per the accepted rules of implementation of the recommendations of the Sixth Pay Commission.
In this case, a proposal for grant amount was sent to the Commissioner of Rural Development, Uttar Pradesh. Proposals for a grant amount of Rs 44, 56,620 were sent to the state government for payment of outstanding salaries to DRDA employees when implemented as per the Sixth Pay Commission. When this proposal was rejected by the government, the project director was given by the Commissioner of Rural Development to the development agencies in the district village for the payment of employees. Instructions were issued to recover the amount.
After the recovery order was issued by the government, the case was challenged in the court. On which the Allahabad High Court bench, citing the case of Syed Abdul Qadir vs. State of Bihar, said that relief against recovery is given by the court not because of any right of the employees but by exercising judicial discretion to give relief to the employees if the recovery There will be difficulty if an order has been made but if in a given case it is proved that the employees knew that the payment received was more than the amount due or wrong payment was made then in such cases the error can be rectified. Could. In such a case, depending on the circumstances, an order for recovery of the overpaid amount may be issued.
The Court also cited the case of Thomas Daniels vs. State of Kerala. Where the additional amount was not paid to the employees due to any mistake or misrepresentation on the part of the employees but due to an error in the interpretation of the service rules. In such a situation, recovery orders become unjust and arbitrary.
A double bench of the High Court ordered that recovery of 6th Pay Commission dues would be unjust and arbitrary and cannot be allowed. In view of the above rule, the bench rejected the challenged appeal. Instructions have been given to the employees to pay the same deducted amount.
