Srinagar, Oct 22: After various courts, now Central Administrative Tribunal has held that excess payment of allowance paid by the employer to the employee by applying wrong principle or particular interpretation cannot be recovered after superannuation of employee & the bench presided over by D S Mahra (member-J) quashed the order of recovery of the excess amount paid to the applicant during his service tenure.
The CAT bench said that the excess payment, if not paid on account of any mis-representation or fraud by the employee, or if such excess payment was made by the employer by applying a wrong principle for calculating the pay or allowance or on the basis of particular interpretation of rule or order, which is subsequently found to be erroneous, such excess payment of emoluments or allowances are not recoverable.
|