Subsequently, the Accountant General, Punjab raised an objection against the wrong fixation of pay for the period November, 1994 to September, 1995. However, the District ... Schools) justified the fixation of pay. On 20.2.1996 the Accountant General (Audit) dropped the objection in respect of the pay fixation of the petitioner
Akkara (retd.) case
(supra), the excess payment made due to wrong/irregular
pay fixation can always be recovered.
18. Appellants in the appeal will ... stipulation in the fixation order that in the condition of
irregular/wrong pay fixation, the institution in which the
appellants were working would be responsible
Akkara (Retd.) case (supra),
( the excess payment
made due to wrong/irregular pay fixation can always be
recovered.
16. The appellants in the appeal will ... stipulation
in the fixation order that in the condition of irregular/wrong
pay fixation, the institution in which the appellants were
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However, once an employee ceases to be in service, the wrong
fixation of pay can no longer be treated as a continuing wrong. Consequently ... erroneous pay fixation cannot be treated as a continuing wrong once the
petitioner has retired, a claim for re-fixation of pay and consequential arrears
stating that recovery was made against
the petitioner due to his wrong pay fixation, and he was paid excess
amount and the same was liable ... Even if an excess amount on the basis of wrong fixation of
pay was paid to the petitioner, the same cannot be recovered from
excess
payment received by the petitioner on the basis of wrong fixation of
pay by the respondents was not on the basis of any fraud ... excess payment given to the petitioner on
the basis of wrong fixation of pay.
7. A perusal of the facts of the case would show
pay, no recovery could be effected from the pay of petitioner. Learned
counsel further submits that the wrong fixation of pay of the petitioner ... wrong fixation of pay of the petitioner is
concerned, it is admitted fact that the pay of the petitioner was wrongly
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therefore, the excess payment made to the
petitioners due to wrong pay fixation has been ordered to be recovered.
8. The facts and circumstances ... misrepresentation on her
part and it was due to wrong fixation of pay by the respondents that she
was given excess payment. Consequently, the present
petitioner has already given an
undertaking regarding recovery of any wrong pay fixation.
So the recovery affected is lawful and there is no need ... been recovered from the
petitioner on account of wrong fixation of his pay, which has rightly
been recovered from the petitioner on the basis
recovery of the excess payment made to the petitioner upon
wrong pay fixation from the retiral benefits admissible to him.
3. Learned counsel ... payment was made by the employer by applying a wrong
principle for calculating the pay/allowance or on the basis of a
particular interpretation
