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Date: 2026.02.06 12:03:56+05'30' Foxit PDF Reader Version: 2025.2.0 sanction for drawal and disbursement of arrears in favour of the applicant.
f) Despite repeated recommendations by the competent departmental authorities and notwithstanding the fact that the claim had arisen only upon rectification in 2019 and was preferred well within the period prescribed under Rule 295 of GFR-2017, the Finance Advisor / CAO, vide impugned communication dated 05.09.2022, advised re-fixation of pay retrospectively without payment of arrears, treating the claim as time-barred, by placing reliance on general circular instructions issued by the Finance Department.
g) The applicant asserts that such action is wholly arbitrary and contrary to the express provisions of Rules 289, 295 and 296 of GFR-2017, which clearly provide that where arrears become due only upon rectification of an error, the limitation period commences from the date of such rectification and not from the original date of entitlement. It is specifically pleaded that the applicant cannot be penalised for an admitted mistake DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S= JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= HARSHIT YADAV f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN= HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:03:56+05'30' Foxit PDF Reader Version: 2025.2.0 relevant provisions of GFR-2017. Rule 295(1) clearly provides that arrears of a Government servant preferred within two years of becoming due shall be settled by the Drawing and Disbursing Officer or Accounts Officer after usual checks. The crucial expression is "becoming due". In the present case, the arrears did not become due in the year 2010; they became due only when the wrong fixation was detected and corrected in the year 2019. Prior to such correction, the applicant had no crystallised or enforceable claim for arrears because the department itself had not acknowledged the error.
Date: 2026.02.06 12:03:56+05'30' Foxit PDF Reader Version: 2025.2.0
11. The reliance placed by the respondents on Finance Department circulars relating to time-barred claims is misplaced. Executive instructions cannot override statutory rules. GFR-2017 itself provides an in-built mechanism for settlement of delayed or retrospective claims, particularly where the delay is attributable to administrative lapses. The impugned communication advising retrospective refixation without payment of arrears, therefore, runs contrary to the scheme of GFR-2017 and defeats the very purpose of correcting a wrong fixation.