Dated Bctober, 2022 Office Memorandum Subject: Recovery of Wrongful/excess Payments Made To Government Servants
Dated Bctober, 2022 Office Memorandum Subject: Recovery of Wrongful/excess Payments Made To Government Servants
1810312015-Estt (Pay-i)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
***
North Blo9k, New Delhi
Dated bctober, 2022
OFFICE MEMORANDUM
The undersigned is directed to invite attention to the DIo Personnel & Training
(DoPT)'s OM No 18/03/2015-Estt (Pay-I) dated 02.03.2016 on the subject mentioned
above (copy enclosed).
2. Recently, the Hon'ble Central Administrative Tribunal (CAT), Lucknow Bench, while
hearing the OA No. 302/2022 (Atul Chandra Srivastava Vs Uol & Ors.) and OA No.
303/2022 (Mohammad Irshad Vs Uol & Ors.) has passed an interim Order dated
20.07.2022 expressing concern over the mistakes/clerical faults on the part of Ministries I
Departments I Offices leading to incorrect fixation of pay etc., which result in excess
payments being made to the Government Servants.
3. The Hon'ble Tribunal in its Order dated 20.07.2022 referred to the judgment dated
18.12.2014 of the Hon'ble Supreme Court in CA No. 11527 of 2017 (arising out of SLP C
No.11684 of 2012) State of Punjab & Ors Vs Rafiq Masih (White Washer) etc. and
instructions issued vide DoPT's OM no 18/03/2015-Estt.(Pay-l) dated 02.03.2016 in light
thereof. In its judgment, the Hon'ble Supreme Court identified five situations wherein
recovery of excess payment made would be impermissible in Law. One of the situations
where recovery of excess payment has been decided to be impermissible relates td the
employees belonging to Class-Ill and Class-IV Service (or Group 'C' and Group '0'
Services). The Hon'ble Tribunal has noted that the applicants in both the cases under
consideration are Group 'C' employees and the law in this regard has already been laid
down in the judgement dated 18.12.2014 of the Hon'ble Supreme Court and subsequent
instructions issued vide DoPT's OM dated 02.03.2016.
5. The matter has been examined in consultation with the D/o Expenditure. It is
advised that —
i. Ministries / Departments / Offices may exercise extreme caution and take suitable
measures while handling pay fixation of their employees as also in other cases
involving payments so as to ensure that such lapses/mistakes do not occur;
iii. n cases where the employee is due to retire within next 4 years, audit of previous
pay fixation orders shall be done on priority.
222
(Shukdeo S
Under Secretary to the Government of In s ia
Tel. No.011-23090489
To
Page 2 of 2
0
8. All Members of Staff Side of the National Council of JCM/ Department Council.
9. All Officers! Sections of Department of Personnel and Training! Department of
Administrative Reforms & Public Grievances! Department of Pensions & Pensioners'
Welfare! PESB.
10. Joint Secretary (Pers.), Department of Expenditure, Ministry of Finance
11. Additional Secretary (Union Territories), Ministry of Home Affairs.
12. NIC, DOPT — with request to upload this O.M. on the Department's website under
OMs & Orders (Establishment—Pay Rules) and also under "What is New".
13. Hindi Section, DaFT for Hindi Translation.
Page 3 of 3
[Link]. 18/03/2015-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
OFFICE MEMORANDUM
2. The issue has subsequently come up for consideration before the Hon'ble Supreme
Court in the case of State of Punjab & Ors vs Rafiq Masih (White Washer) etc in CA
No.11527of 2014 (Arising out of SLP(C) No.11684 of 2012) wherein Hon'ble Court on
18.12.2014 decided a bunch of cases in which monetary benefits were given to employees
in excess of their entitlement due to unintentional mistakes committed by the concerned
competent authorities, in determining the emoluments payable to them, and the
employees were not guilty of furnishing any incorrect information / misrepresentation /
fraud, which had led the concerned competent authorities to commit the mistake of
making the higher payment to the employees. The employees were as innocent as their
employers in the wrongful determination of their inflated emoluments. The Hon'ble
Supreme Court in its judgment dated 18th December, 2014 ibid has, inter-alia, observed
as under:
Contd. on pg.2
basis of all governmental actions. An action of the State, ordering a recovery
from an employee, would be in order, so long as it is not rendered iniquitous to
the extent, that the action of recovery would be more unfair, more wrongful,
more improper, and more unwarranted, than the corresponding right of the
employer, to recover the amount. Or in other words, till such time as the
recovery would have a harsh and arbitrary effect on the employee, it would be
permissible in law. Orders passed in given situations repeatedly, even in
exercise of the power vested in this Court under Article 142 of the Constitution
of India, will disclose the parameters of the realm of an action of recovery (of an
excess amount paid to an employee) which would breach the obligations of the
State, to citizens of this country, and render the action arbitrary, and therefore,
violative of the mandate contained in Article 14 of the Constitution of India."
3. The issue that was required to be adjudicated by the Hon'ble Supreme Court was
whether all the private respondents, against whom an order of recovery (of the excess
amount) has been made, should be exempted in law, from the reimbursement of the same
to the employer. For the applicability of the instant order, and the conclusions recorded
by them thereinafter, the ingredients depicted in paras 2&3 of the judgment are essentially
indispensable.
4. The Hon'ble Supreme Court while observing that it is not possible to postulate all
situations of hardship which would govern employees on the issue of recovery, where
payments have mistakenly been made by the employer, in excess of their entitlement has
summarized the following few situations, wherein recoveries by the employers would be
impermissible in law:-
(i) Recovery from employees belonging to Class-Ill and Class-I V 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 offive 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.
5. The matter has, consequently, been examined in consultation with the Department
of Expenditure and the Department of Legal Affairs. The Ministries / Departments are
advised to deal with the issue of wrongful / excess payments made to Government
servants in accordance with above decision of the Hon'ble Supreme Court in CA
NoJ1527 of 2014 (arising out of SLP (C) No.11684 of 2012) in State of Punjab and
others etc vs RaJIq Masih (White Washer) etc. However, wherever the waiver of recovery
in the above-mentioned situations is considered, the same may be allowed with the
:2:
Contd. on pg.3
express approval of Department of Expenditure in terms of this Department's OM
No.18/26/201 1-Estt (Pay-I) dated 6th February, 2014.
6. In so far as persons serving in the Indian Audit and Accounts Department are
concerned, these orders are issued with the concurrence of the Comptroller and Auditor
General of India.
L
(A.K. Jam)
Deputy Secretary to the Government of India
:3:
ANDHRA PRADESH PUBLIC TRANSPORT DEPARTMENT
(ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION)
To
The Director ofTreasuries and Accounts (DTA),
1st floor, Nidhi Bhavan,
Mangalagiri, Guntur.
Sir,
Sub: PTD - -
Sanction of AAS 12 years to Mechanic [Link] Objections raised by
STOsiDTOs in allowing Leading Hand Scale (1s promotional post) - Directive
to all STOS/DTOS - Request - Reg.
Z. Vide item n0.11 of the GO at 2nd cited, it was mentioned that \he
existing
Stagnation Grade Scale Scheme of APSRTC is abolished on absorption of its employees into
Govlrnment service. In lieu thereof, the PTD Employees would be extended the benefit of
Automatic Advancement Scheme (AAS) on par with Government Employees."
3. Following the above guidelines, AAS scales are being implemented to the eligible
PTD employeei at all units. While implementing the said AAS to employees in Mechanic
category, an objection was raised by DTAO:Eluru as discussed hereunder.
6. The promotion post in the true sense to any Mechanic category (Gr. I or [Link]) was
the post of Leading Hand which involved a significant change in the nature of job
performed involving supervisory responsibilities. The APSRTC Recruitment Regulation for
promotion to the post of Leading Hand was
1) The post of Leading Hand shall be filled in by promotion from Mechanics and
Artisans. In a unit of 12 vacancies 1*,3'd, 4,n,7,n,9th and 12th (total 6) vacancies
shall be filled by promotion from Mechanics Gr-I (PR) or othenvise from the ranks
of Mechanics Gr-II (PR).
2) The post of Mechanic Gr-I is filled by promotion from Mechanic Grade-II.
3) Mechanic Grade-II is fllled by direct recruitment.
As seen from the above, it is clear that both Mechanic Gr.I and [Link] were eligible for
promotion as Leading Hand. This system of placing 33.33olo of the Mechanics was in
practice to beat the stagnation of Mechanics [Link] for long periods without promotion as
Leading Hands which are very limited in number.
7. After absorption of APSRTC employees into prD, GoAp, the Government issued state
and 'subordinate service Rules in the year 2023, applicable to various categories of
employees working in APPTD in which the unit of vacancies for promotion as Leading Hand
was reduced from 12 to 10 and the following method was prescribed through Go at
reference 3'd cited.
1) The post of Leading Hand shall be filled in by promotion from Mechanics and
Artisans. In a unit of 10 vacancies, 3'd, 5th, 7th & gth vacancies shall be filled by
promotion from Mechanics Gr-I (PR) or othenwise from the ranks of Mechanics
Gr-II (PR).
2) The post of Mechanic Gr-I is filled by promotion from Mechanic Grade-II.
3) Mechanic Grade-II is filled by direct recruitment.
8. since the post of Leading Hand is the promotion post to both Mechanic Gr.I and
Mechanic [Link] in the true sense that there is change in the nature of job performed, four
(4) Mechanics [Link], at Eluru depot, were sanctioned 12 years AAS scales w.e.f. Jul-2021 by
placing them in Leading Hand scale. The Mechanic [Link] are drawing pay grade VIII and
hence their pay in AAS 12 years was fixed in pay Grade XIV (Leading Hand Scale).
Accordingly, the pay arrears were drawn and paid vide Bill No.2023-223393.
9. Now, DTAo:Eluru, vide reference 4th cited, has instructed the Depot Manager, Eluru
to (i) revise the proceedings issued to the above four Mechanics Gr-II duly placing them in
Mechanic Grade-I scale, update the [Link] (ii) recover the excess paid salary
from
the employees concerned (iii) Novermber-2124-salary bill for these shall be
submitted only after revision to Mechanic Grade-I sale and (iv) the above"rjtoylu,
recoveries shall
be done in the month of Nov-2024 salary bill, othenvise salary bill for Nov-2024
shall not be
admitted.
10. similar issue was also raised at Nuzuvidu, Tadepalligudem and Bhimavaram depots
by the respective Treasury authorities.
11. In this context, it is submitted that since both Mechanic Gr-I and Mechanic Gr-II
can
be promoted to Leading Hard post, granting AAS by placing Mechanic [Link] in Leading
Hand scale is appropriate. It is not necessary that a Mechinic [Link] should
always b6
promoted as Mechanic Gr.I flrst and then as Leading Hand. Mechanic
[Link] can as well be
promoted as Leading Hand in sublimation of passing through the promotion
as Mechanic
Gr.l as per the GO under reference 3d cited.
12. The contention of the DTAo, the Mechanics [Link] shall be granted AAS by placing
their scale in Mechanic Gr.I as it is the immediate promotion post to Mechanic [Link].
However, for the reasons given in para 11 above, it is appropriate and just
to grant AAS to
Mechanic [Link] by placing them in Leading Hand scale as Leading Hano
is th-e promotion
post in true sense with change in the nature ofjob on account
of pTomotion.
13. Hence, under the aforementioned circumstances, DTA:Managalagiri is requested
to
give suitable instructions to the STos/DTAos to allow AAS t2 yearJfixaiions
to Mechanics
Gr-II by placing in the scale of Leading Hand (1$ level promotion post).
Yours Sincerely,
I
Chief Man er(Personne
Board Secretary, APpTD
ANDHRA PRADESH STATE ROADN TRANSPORT CORPORAIION
O/o the Depot Manager
No.P2/369(1)/2026-KNL-2 Kurnool-2, Dt.06.02.2026
To
Sri .[Link],
[Link].427445 Mechanic,
Kurnool-2 depot.
AAS 12 years has been sanctioned to you in the post of Mechanic Gr-ll upon
completion of 12 years of service in the Cadre and placed in Leading Hand Scale duly
treating as the first promotion post.
As per the notification under reference cited Mechanics and Artisans [Link] who
were granted 12 years AAS and placed in Leading Hand scale are now revised for pay
revision duly following the instructions.
[Link] completion of 12 years Pay be fixed in Mechanic / Artisan [Link] (Scale
- IX) instead of Leading Hand Scale (Scale XIV).
02. Promotion from Mechanic [Link] to Mechanic Gr.I be treated as 1 level
Promotion post.
[Link] sanctioned AAS be regulated as per new instructions.
Accordingly, your AAS 12 years sanctioned in the scale of Leading Hand
as it 1 level promotion is now revised AAS 12 years treating
treating Gr.I is as 1 level
promotion.
Please acknowledge.
DEPOT MANAGER KÚRNOOL-2.
Government of Andhra Pradesh
Salary Slip for the Month: August 2025 (17/07/2025 - 16/08/2025 )
A,SRTC
!^.::::^":::
the :*:rptror-or
Grver'rmcnt. vide GO ys \o I13
/.es. ,.rlo Covernrenr [Link] on 0l.O l 2020,
oarcd 0J.06.20)2
"enrpjo
:f {S::.
. Governre.* [Link] are .l.o!. caDje to prO "."r""i-ti* t,1e MS scaleJ
umproycus also iror
0r [Link] lr was atso ,rto,-ne.J tnl io.
t-" [Link]* oi'r;;,il#;;,*r, thetn€per,oddate
Case Strd'.t:
One Mech!.tc [Link] !ll!,:)l! tar lrs-12 years. sPP-
had .ompleted 12 years ot sery'.e and
1A was saaationad w,a.,.04-05.2024. His 3asic pay as on arta Inc,'er*al (say
0r.42.2024) is Rs,3!830t an Pay Grade-Vu (2s220-80910).
Fit', lev* tromotion post for Mechanlc [Link] rs Leacrng Hand n Pay Grade-Xlv (37640-
rt5500).
Uptl,] [Link] of AA912 years, hiryay rirrll be tx.a i,: aa. :,at [Link] applicable to the
Laarlng l',rrd, by add,ng one incremenl to his arl:a,rl tr ate existing pay scale.
alcreiore, wth the addilion of one i.a'[Link], his ..x 1l.y x,li b. Rs.31750i-.
"t
Bul l,rris revised pay i: $till 6 sart.3 [Link] lhe m;nimum of the pay serle attacar., lr aae
firsi r''omotion post i.e,, L€adint llr., aS.-XlV: 376{l}-1t5500).
As such, atr pry shall invariably be fixed al the minimum ot Crade-Xtv i.e.,
Rs.376401-, fur*er, i). is eligible for next atnual increment ,ailra aamplaaaa of 12
''l
months 6t [Link] irom lh. date of fixation in A"{!-12 Years. Hencr. tx,s eligit:! for next
Annual (r?de lncrement on 01.06.2025 (a&ar rrmpletion of I year irom 04.06.2024)
t
ttbje* fulfilling otier conaialgns.
Case Study-2:
One Conductor [Link] had completed 12 y€ars ra service and is eligible La t&'12 yea3.
3P-1A was sanctioned !r.e.f.03.05,20?4. t,r
Baii. pay as on Lasl trx.,ne.t (xt
is X:.2t:20/- 1r ?ay Grade-V[ {rt:r0"80910).
':.01.2024)
Rrst ler.t, [Link] for [Link]'' G..ll is ADC ,n Pay Grade-tX (:E280-S9720).
ttor sarctio.t ol ArS-12 years scale, hi5 t'' r*ll te tlxed in the pay srilar rpplicabls !.
ADC cadre, bt .ddtng one increneNa at at, [Link]:[Link] ?ay in thc exist,ltg pay t.3le.
Therefore, n.a Le additaon of ata axtr''.t his ner.r pay lvitl be Rs.27500/-.
But this rcttta, pay is slill 1 sNate tr:rli the [Link] of the pay tattt altac|:ad to the
ii,st [Link] posi i.e., ADC (Grade"lix: 28280-89720).
As siiet ais pay shall inlrarbly be tixed at tha rll]imum of pay Grade,X 4,a., l1'.2B2B0l-.
furlier, he is eligable for next atnual increment only after complettr.: oi t2 months 0i
serrlce tln the date 0f talon in MS-12 Years" Hence, he is eliglble fo, ae,1t Annlral
S'.de [Link] on 01.0t.2025 (afte. completon oF 1 year from 01.05,2024) subject It
tittlling other c0nditions.
ln resraa, tt other cases rvhere only one anatrt':aat is required to be aCded fo. sanction oi
AAS, the']armal procedur: shall be continued.
All DDOS shall take neceltarry action i.r sanctioning AAS 12 yeari (S,r,r-'.) to the eljgible
(Yr,loYees accoro nE'Y'
GRADE PAY SCALE
20000-600-21800-660-23780-720-25940-780-28280-850-
1 30830-920-33590-990-36560-1080-39800-1170-43310-1260-
47090-1350-51140-1460-55520-1580-60260-1700-61960
20600-600-21800-660-23780-720-25940-780-28280-850-
2 30830-920-33590-990-36560-1080-39800-1170-43310-1260-
47090-1350-51140-1460-55520-1580-60260-1700-63660
21200-600-21800-660-23780-720-25940-780-28280-850-
3 30830-920-33590-990-36560-1080-39800-1170-43310-1260-
47090-1350-51140-1460-55520-1580-60260-1700-65360
22460-660-23780-720-25940-780-28280-850-30830-920-
33590-990-36560-1080-39800-1170-43310-1260-47090-1350-
4
51140-1460-55520-1580-60260-1700-65360-1830-70850-
1960-72810
23120-660-23780-720-25940-780-28280-850-30830-920-
33590-990-36560-1080-39800-1170-43310-1260-47090-1350-
5
51140-1460-55520-1580-60260-1700-65360-1830-70850-
1960-74770
23780-720-25940-780-28280-850-30830-920-33590-990-
36560-1080-39800-1170-43310-1260-47090-1350-51140-
6
1460-55520-1580-60260-1700-65360-1830-70850-1960-
76730
25220-720-25940-780-28280-850-30830-920-33590-990-
36560-1080-39800-1170-43310-1260-47090-1350-51140-
7
1460-55520-1580-60260-1700-65360-1830-70850-1960-
76730-2090-80910
27500-780-28280-850-30830-920-33590-990-36560-1080-
39800-1170-43310-1260-47090-1350-51140-1460-55520-
8
1580-60260-1700-65360-1830-70850-1960-76730-2090-
83000-2240-87480
28280-850-30830-920-33590-990-36560-1080-39800-1170-
43310-1260-47090-1350-51140-1460-55520-1580-60260-
9
1700-65360-1830-70850-1960-76730-2090-83000-2240-
89720
29980-850-30830-920-33590-990-36560-1080-39800-1170-
43310-1260-47090-1350-51140-1460-55520-1580-60260-
10
1700-65360-1830-70850-1960-76730-2090-83000-2240-
89720-2390-94500
GRADE PAY SCALE
32670-920-33590-990-36560-1080-39800-1170-43310-1260-
47090-1350-51140-1460-55520-1580-60260-1700-65360-
11
1830-70850-1960-76730-2090-83000-2240-89720-2390-
96890-2540-101970
34580-990-36560-1080-39800-1170-43310-1260-47090-1350-
51140-1460-55520-1580-60260-1700-65360-1830-70850-
12
1960-76730-2090-83000-2240-89720-2390-96890-2540-
104510-2700-107210
35570-990-36560-1080-39800-1170-43310-1260-47090-1350-
51140-1460-55520-1580-60260-1700-65360-1830-70850-
13
1960-76730-2090-83000-2240-89720-2390-96890-2540-
104510-2700-109910
37640-1080-39800-1170-43310-1260-47090-1350-51140-
1460-55520-1580-60260-1700-65360-1830-70850-1960-
14
76730-2090-83000-2240-89720-2390-96890-2540-104510-
2700-112610-2890-115500
38720-1080-39800-1170-43310-1260-47090-1350-51140-
1460-55520-1580-60260-1700-65360-1830-70850-1960-
15
76730-2090-83000-2240-89720-2390-96890-2540-104510-
2700-112610-2890-118390
40970-1170-43310-1260-47090-1350-51140-1460-55520-
1580-60260-1700-65360-1830-70850-1960-76730-2090-
16
83000-2240-89720-2390-96890-2540-104510-2700-112610-
2890-121280-3100-124380
44570-1260-47090-1350-51140-1460-55520-1580-60260-
1700-65360-1830-70850-1960-76730-2090-83000-2240-
17
89720-2390-96890-2540-104510-2700-112610-2890-121280-
3100-127480
45830-1260-47090-1350-51140-1460-55520-1580-60260-
1700-65360-1830-70850-1960-76730-2090-83000-2240-
18
89720-2390-96890-2540-104510-2700-112610-2890-121280-
3100-130580
48440-1350-51140-1460-55520-1580-60260-1700-65360-
1830-70850-1960-76730-2090-83000-2240-89720-2390-
19
96890-2540-104510-2700-112610-2890-121280-3100-
130580-3320-137220
54060-1460-55520-1580-60260-1700-65360-1830-70850-
1960-76730-2090-83000-2240-89720-2390-96890-2540-
20
104510-2700-112610-2890-121280-3100-130580-3320-
140540
GRADE PAY SCALE
57100-1580-60260-1700-65360-1830-70850-1960-76730-
2090-83000-2240-89720-2390-96890-2540-104510-2700-
21
112610-2890-121280-3100-130580-3320-140540-3610-
147760
61960-1700-65360-1830-70850-1960-76730-2090-83000-
22 2240-89720-2390-96890-2540-104510-2700-112610-2890-
121280-3100-130580-3320-140540-3610-151370
65360-1830-70850-1960-76730-2090-83000-2240-89720-
23 2390-96890-2540-104510-2700-112610-2890-121280-3100-
130580-3320-140540-3610-154980
70850-1960-76730-2090-83000-2240-89720-2390-96890-
24 2540-104510-2700-112610-2890-121280-3100-130580-3320-
140540-3610-154980-3900-158880
76730-2090-83000-2240-89720-2390-96890-2540-104510-
25 2700-112610-2890-121280-3100-130580-3320-140540-3610-
154980-3900-162780
80910-2090-83000-2240-89720-2390-96890-2540-104510-
26 2700-112610-2890-121280-3100-130580-3320-140540-3610-
154980-3900-166680
87480-2240-89720-2390-96890-2540-104510-2700-112610-
27 2890-121280-3100-130580-3320-140540-3610-154980-3900-
170580
94500-2390-96890-2540-104510-2700-112610-2890-121280-
28
3100-130580-3320-140540-3610-154980-3900-170580
101970-2540-104510-2700-112610-2890-121280-3100-
29 130580-3320-140540-3610-154980-3900-170580-4210-
174790
112610-2890-121280-3100-130580-3320-140540-3610-
30
154980-3900-170580-4210-174790
124380-3100-130580-3320-140540-3610-154980-3900-
31
170580-4210-179000
133900-3320-140540-3610-154980-3900-170580-4210-
32
179000
Government of Andhra Pradesh
Salary Slip for the Month: August 2024 (17/07/2024 - 16/08/2024 )