Monday, December 29, 2014
CAN’T RECOVER EXCESS SALARY PAID TO CLASS III, IV STAFF
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.
Wednesday, December 3, 2014
DELHI CHALO ! - DELHI CHALO !!
PARLIAMENT MARCH DATED 04.12.2014
ORGANIZED BY POSTAL JOINT COUNCIL OF ACTION
NATIONAL FEDERATION OF POSTAL EMPLOYEES (NFPE)
FEDERATION OF NATIONAL POSTAL ORGANIZATIONS (FNPO)
AIPE UNION GDS (NFPE)
NATIONAL UNION GDS
Tuesday, November 18, 2014
DIRECTORATE ISSUED SPECIAL CASUAL LEAVE ORDER - SEMINAR ON
"INDIA POST - CHALLENGES AND OPPORTUNITIES"
IS TO BE HELD ON 24th NOV. 2014 BY NFPE AND CWC MEETING OF ALL INDIA POSTAL SBCO EMPLOYEES ASSOCIATION AND ALL INDIA POSTAL EMPLOYEES UNION POSTMEN & MSE/GROUP 'D' ARE TO BE HELD FROM 23rd TO 24th NOV., 2014 AT DWARKA (GUJRAT) - GRANT : SPECIAL CASUAL LEAVE.
Wednesday, October 22, 2014
Sunday, October 5, 2014
CONFEDERATION DECLARES NEXT PROGRAMME OF ACTION
TWO HOURS MASS SQUATTING OF NOT LESS THAN 3000 EMPLOYEES AT EACH STATE CAPITAL AT A CENTRALLY LOCATED IMPORTANT PLACE ON 18.11.2014
MODI GOVERNMENT IS TOTALLY NEGATIVE AND AGGRESSIVE TOWARDS CENTRAL GOVERNMENT EMPLOYEES
No DA Merger, No Interim Relief, No Inclusion of GDS Under 7th CPC, No relaxation of Compassionate Appointment condition, No withdrawal of New Pension Scheme, No Filling up of Posts, No Removal of Bonus Ceiling, No Assurance Regarding 01.01.2014 Date of Effect of 7thCPC, No Regularisation of GDS and Casual Labour, For Each Demand the reply is NO, NO, NO, NO………………
NO DIFFERENCE BETWEEN NDA AND UPA GOVERNEMENT LET US PREPARE FOR A MAJOR INDUSTRIAL ACTION
Confederation National Secretariat met at New Delhi on 26.09.2014, under the Presidentship of Com. K. K. N. Kutty, National President. Com. S. K. Vyas Ji, Advisor was also present. After detailed deliberations on all agenda items, the following decisions are taken.
1. Decided to further intensify the campaign and agitational programmes against the Governments attitude towards the legitimate demands of the Central Government Employees. It is decided to organize two hours MASS SQUATING of not less than 3000 Central Government employees on 18th November 2014, at a centrally located important place at all the state capitals. Effort should be made to ensure maximum participation of Lady comrades in the programme. Next phase of action will be decided after successful implementation of the above programme.
2. Decided to explore the possibility of joint action with Railways (AIRF) and Defence (AIDEF) culminating in strike.
3. Decided to participate and implement all the decisions taken in the National convention of workers organised by Central Trade Unions on 15.09.2014.
4. Decided to organize Two days All India Trade Union workshop of Confederation at Bangalore on 2015 January 3rd and 4th. Total number of delegates will be limited to 200. COC Karnataka has agreed to host the Trade Union workshop.
5. Decided to grant affiliation to the following two organizations.
(1) Forest Survey of India Employees Association
(2) Nehru Yuvak Kendra Sanghathan (NYKS) workers Welfare Association.
6. Decided to organize Dharna in front of all Government of India Presses and Stationery offices and also in front of Government Medical stores Depot to protest against the proposed move to close down these offices. In front of Government of India Presses Dharna will be organised by Confederation on 27th October 2014 and in front of Government Medical Stores Depot dharna will be organised on 30th October 2014.
7. Financial position of the Confederation was presented by Financial Secretary Com. Vrigu Bhattacharjee. CHQ is running with a ‘NIL’ balance. Unless and until all the affiliated Unions/Associations voluntarily clear all pending dues it will be very difficult to run the CHQ. It is decided that Financial Secretary shall issue notice to all affiliated organizations to clear the pending dues.
8. National Secretariat calls upon all Central Government employees and also the affiliated organisatons and state COCs to make the 18th November programme a thundering success.
Saturday, October 4, 2014
Monday, September 22, 2014
Thursday, September 18, 2014
Monday, September 15, 2014
CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS OPPOSES — EXHIBITING THE DETAILS OF MOVEABLE ASSETS ON PUBLIC DOMAIN
NO. CONF/GENL/2014 DATED - 11-09-2014
The Cabinet Secretary
Government of India
Cabinet Secretariat, Rashtrapati Bhawan,
New Delhi – 110001
Sub: - Declaration of assets and liabilities by Govt. Employees - exhibiting the details of movable assets in the website - regarding.
All the Central Govt. employees, as per the latest order of the Department of Personnel & Training (DOP&T) have to declare their assets and liabilities, both movable and immovable, as well as their spouses and dependents latest by 15th December 2014. All these informations would be then be put up by the respective ministries on their website accessible to everyone.
A large number of Central Govt. Employees have expressed their fear that putting up details of movable assets such as jewellery and cash in hand and bank would pose a security threat to them and their dependents, leave their children vulnerable to kidnapping and ransom demands.
There are various sources the Government employees would have accumulated wealth such as gift from parents, grandparents property, self-earning, wife-side property, or children’s contribution etc. Putting this information in the public domain would leave them and their family members vulnerable.
It is therefore requested that necessary action may be taken in this regard, so that all such information as stated above shall not be displayed on public domain.