Model Representation against recovery of over payment at the time of superannuation

Dear Comrades

Many comrades are asking me about how to prepare the representation against the overpayment ordered at the time of representation after seeing the video on the yours kayveeyes youtube channel.

Thatswhy, I am furnishing the gist of rules which are against recovery of over payment before retirement for the consumption of the blog viewers. Please make use of it.

'At the outset and before going to the merit of the case, I wish to place on record that the Postal accounts is contemplating irregular action against the fixation of pay after the completion of the punishment after the completion of ten years period and ordering for recovery which is tantamount against to the spirit of the following Government orders.

1. In accordance with the DOP & PW OM No. 11(15)/2022-P&PW(H) -8363(1) dated 28.10.2022, the process of pension case on superannuation shall be commenced during the one year period before retirement. I am due for retirement on 31.3.2023 and raising objection of my pay fixation is against to the spirit of this order.

2. As per the orders stated in para supra, under Para C, that the emoluments during the last ten months of service have been correctly shown in the service book, the Head of office shall verify the correctness of emoluments only for the period of twenty four months preceding the date of retirement of a Government servant, and not for any period prior to that date. As such raising objection for the fixation made in 2012 is highly irregular and against to the spirit of the Govt of India orders.

3. It is pertinent to mention that in the same orders, it is stated that at least eight months prior to the retirement of a Govt servant the HOD shall furnish to the retiring Government servant a certificate regarding the length of qualifying service and the emoluments/ average emoluments to be reckoned for retirement benefits. Nothing had been served so far and as such the process should have been completed before eight months of superannuation.

4. A kind attention is drawn to the DOPT OM No. 18/03/2015 – Estt (Pay I) dated 3.10.2022 in which the Govt had quoted the Supreme Court judgments any excess payment found at a later date should be considered for waiver and the amount should not be recovered from the officials. The DOPT instructed those pay fixations of all the cases may necessarily be audited by the internal audit or the Pay & Accounts office within three months of issuing such orders and in cases where the employee is due to retire within the next 4 years, audit of previous pay fixation orders shall be done on priority. From this, it is evident that there should be no review beyond the period of 4 years based on the Supreme Court verdict communicated by the DOPT vide its OM No.18/03/2015 – Estt (Pay-I) dated 2.3.2016.

5. As per the orders stated in para supra, there should be no recovery from the employees who are due to retire within one year. There should be no recovery in cases from an employee when the excess payment has been made for five years before the order of recovery is issued. In my case, it is 10 years old and there is no prima facie to recover any amount after the completion of five years and in the face of the order itself, the ordering of recovery in my case is defective and against to the spirit of Supreme Court decision which was accepted and ordered by the Government of India during 2016. This has been again reiterated and exhibited in the DOPT in the website during November on the heading of recovery/waiver of the wrongful/excess payments made to Government servants.