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New Delhi-116 901 No, Me1/126/2016-PRC Dated 04:05, 16 SPEAKING ORDER WHEREAS the Mindairy of 1é B vide tts Order Nu. 910/173/97 BUD) dated 25/02.1999 granted higher scales te cerain categories of e Programme & Engincering staff of All India Racio and Doordarshan Fu AND WHEREAS ab per sub-scctions 1) (1) and (2) of the Prasar “Sf Bharati (Broadcasting Corporation of India} Act, 1990 all officers and Bue s recruited for the purpose of Akashvanj and Doordarshan tu 0.2007 shall be an decmed depistation te Prasar Bharvu, AND WBEREAS as per sub-secucn 11 (Lo! the Act, the of and employees referred te aub-seotions (1) and (2) shall be enstied the pay and all other benelits as adimissinie to an employer of t Genin! Government AND WHEREAS in the light ol above provisions of the Act Prasi: Bharad Board is its iieeting held on 06.08.2012 approved prasit of MACP co the omployers of Prasar Bhareti in general wand to employees in 11 caiegor ad by Ministry of f & B's onier dated 25.02, 1999 in particular AND WHEREAS references ceqarding upplicability of MACP io * all employees of Prusar Bharati and non-settleruent of retirement dues of retiring/renired cmployecs were received in Prasar Bharati ereupon the hatter wax further examined in Finance Wing of Frayar Bharati and in the Nght of the peavisions of the Prasar Bharat: (Greadeasting Cu:porauon of India) Act, 1990 as aforesaid and vide communitation No. Misc.1/40/2012-PPC dated 10,10.2013 it was-clarified that action of | MIR) Roardarshan to grant MACP te all categories of employees were \walid and yastified ND (WHEREAS the Miniery of 1 & B vide irs lever No S/2015-BA[E) dated 08.09.2014 informed Prosar Bharuti that be the DoPée vide an [D Note dated 10.07.2015 had upined Lhat ‘as the i 5 henefits under the MACP Scheme are allowed in the Grade Pay oN “an a Sage bors aoe Foleycareer would be der the MACP ieny, any Gperada’ ed dunng their fted agninen the throe upgradation permissitile seme! (ND WHEREAS the matter wae again Taken up pith the Aipimery of @-Beatating clearly that higher scales granted to the U° ate of Programme & Engineering staff ‘of All Indie Radio and Joordarehati by Exe Minrstry of f & Bivide ite Nin BOT B/O7— 3(0} daced 25,02.1800 were not upgsaeaninas bu; wenre upseitislly wphice ccatee: awh a8 cach covered: by clarification Be. OS in job? Oifice Memorardiom No, 4503+ 1(D) sinted 18.07.2001 thet, therefor, the Dope s advice dated 10.07.3015 rite Geter we i own clarificacnd and that in view of this the mutter sould Ge taken up with the DoP&'T Ministry on the sutuuine of temo sented and AND WHERPAS |1 was brought t Sechetarint that pursuant £0 the Minixtry of 1 & Bie aloreeaid dared 5,00 2018 recovenes were being made fram ermpleyees cavered by Miowty off 4 8 order dated 25 02,1999 regarding higher yay soules cela received Gnsnicial wperadanons under ACPFMACS, ieuding thuse retiring, AND WHEREAS ec matier WS bike up by Wrasar Bharan Seorsraray yath the Minky of | A which al ings advice {ror Me Ministry of baw granted stay on reonvery being made on f grunt of MACE. os per DoPAT advices < rineetveth 14 Pra AND WHEREAS cepiey of Mininiry S/2014-BA(EIPL Daied 17.02.2015 were cre: he pay & AO of ALR and Goordarshac by Prasar Bharat: niarat (Budget & Accounts Wing) wide leer Me, PE 14) /203% Rdmen dated 19 022075 wih the rcquest te keep in abeyance Trovenes prvaccraat al graat of MACH Cl! further orsern, AND WHEREAS QUIT vide ia Office Memorandum No- ajFarty dated 2nd March, 2016 hes clearly outlined tons Linder which recovenes cannot be made evan if the pr wooly DOPT Order a passed an the Supreme has be Court dudgment dated 1612.4014 in the case of State of Punjab % fixed ¢F ‘(Ors #8 Pafig Masin (White Weaher| etc in CA No.t Larinigpout of SLE(C) Nout LOBd of 2062) 4 of 2014 AND WHEREAS ic fas agnin the Hou Gf Prussr aiithat in resniect of employees noverad by 25.02. 1999 order ancl Whe Suoe got Beatci wyerrdations under ACP/MACM, the Pay en rage zt ne tiAccounte Uthive (PAO| are refixing their pay in the lower pay scale and ch employnes includa those who are retiring of on the veret of retirement thus adversely affecting their pensienary benefits. A fumber of representations from suck employees and these deprived of MACP have already been sent to the Ministry by Prasar Bharati AND WHEREAS Pay fiction is a fiction of the Ai tree herity and PAD hag fo authority to refix tie pay of employees who ‘HO Under their administrative control, NOW THEREFORE, it is hercty ordered that PAO “shall immediatcly desist from refixine the pay of employees of alt india { Radio and Doordarshan ond shall alsa male na recove ar pensionary benefits of such employees without 94 from the concerned administrative authorities in All india Radio and Dourdarsian PAO shail alse not held up or delay the release of fetirement bestelits 6 Such employees on ground of excess payment made on account of grant of financial uperadations under ACP/MACP. ‘This igsues with the approval of CEQ. Prasar Bharati is Faster (K-Srinivasen) Deputy BirectorPEC} Copy ) The Pay @ Ancourdls. Officer, AIR & Doordarshan 7th Feor, IRLA, Phase V, Srochane Bhawan, Ladhi Road, New Delhi L19093 iZ The Controller ef Accounts, Pay & Accounts Office PRLA), isicy oF | & B, 7th Floor, [KLA, Phage V, Scochana Bhawan, Ladh, Rowd, New Dejhl: 110003 for necessary action, (3) Director Genegal, ALR / Director General. Dacrdarshan for wide ‘dissemination of Copy to DNGET) for upicuding in Prasar Bharati website. Page dot3 Mig Apis ne Be CRE - } “oy sus ro ‘Most Urgen ravayn accounts orice (WW DOORDARSHAN yl >} p Lé ROOM NO.214, 2" FLOOR VAD apt ee 2c AKASITWANI BHAWAN Beat DPE PARLIAMENT STREET, NEW DELI! = Sehant No. PAODD-NIMPENIR/2016-2007! [5444 4 6 Dated: 2106 2016 Te 4 The Dy. Direeter General (Prow) x Dootdsrshan Kensra Soimliel (HPS : - Hension eaxe in respect of Sh. Raj Kumar, Ea-SEA, Retd, on 30.11 15. f No SML-DDK-27(2)2016-A/874 dhited 07.6.2006 ide lal huave been forwarded to this offive and leuer No, SM 21.6.2016 Ln thts conreetion it is stated that: 1 hae beth revised! reduced ay Inspection Unit, DG. Doordarstin New Delhi vide ter No. 1D(14)201 STDC: DEAol-S246 dated 16.05.2016, The overpaid amount an of re-fixing / reduced pay has nol been intimated. The due & drawa statement (showing the recoveruble amount) to this office at the earliest. = No 0.31086! 10/2015.CWRVo ance Clearance: Cerificate (VEC) vide: lett 28.01.2016. abe Vinllance satu 2 the deputation period in other Bepr Thig: office vide otter No PAOMDNIDPEN/RK OT TVIIS-17 dosed 124.3016 (copy enelosd} have ak ta furnish the VEO ineluding deputation period, ifany. But the same hss mor heen fumivhed by your Dept, It omy be certified that the official was never gone on dopiriation period during his serviee, if yes, the VCC to be revised ineladed deputation period Fe Speaking onder dated 03,6.2016 (enclosed with vour letter dated 21.3 2016) is nol sgpliesdle in uny 252.30 all the Cenrral Cov, employees are governed by CCS Pension Rides and PAO is bound to follow any onder thrcugh DaP'Ty Mirstry af Finaace, Dept of Psp, through CCA of the concerned Minisery 4. AL may please be confit, whether the roeavery [nh aceouint of averpaid aslaryy He to be made from DCRG or any other head as per Rules. Otherwise tor waiwing ai? ike recovery on Alc.of éverpaid salary. the expressed approval of Ministry of Finanee, Dept of Expensiiture vested ta nee inte the matter and do the needful and forwurd 1 office without further delay for early setilement of the eese. hove details tw this Yours faitlatully Humbesval Beat, Mange! Township, Distt. Ropu Copy |. Sh. Raj Kumar, Pree Nuge for information p 2. P§w ADG BEA). Prowr Bharati, PT) Building, New Delhi (Panjab ~ joeoneytion sd Sr. Accounts OfficerF No, 18/03/201 $-Estt. (Pay-D) Government of India Ministry of Personnel, Publit Grievanoes & Pensions Department of Personnel & ‘Training New Dethi, the 2" March, 2016 ORFICE MEMORANDUM ‘Sub: Recovery of wrongful / excess payments made ta Government rervants, ‘The undersigned is directed to refer to this Department's OM Na, 18/26/201 L-Rstt (Pay-D) dated 6" February, 2014 wherein certain instructions have been issued! to deal ‘with the issue of recovery of wrongful / excess payments made to Gavernment servants in view of the law declared by Courts, particulasly, in the case of Chandi Prasad Unlyial And Ora. vs. State of Uttarakhund And Ory, 2022 AIR SCW 4742, (2012) & SCC 417, Para 3Gv) of the OM inder-atia provides that recovery should be made in all cases of ‘overpayment barring few exceptions of extreme hardships. 2, The iscue has subsesuecitly came up for consideration before the Hon"ble Supreme Court in the ease of Stare of Punjab & Ors v9 Rafiq Masih (White Washer) etc in CA Na LIS27 of 2004 (Arising out af SLP(C) No.1 1684 of 2012) wherein Hon'ble Court on 18.12.2014 decided a bunch of cases in which monetary benefits were given to employees fn excess of their entitlement duc to-uninteotiona! mistakes committed by the comeemed competent authorities, tn determining the emoluments payable to them, and the employees were not guilty of fumishing any incorrect information / misrepresentation / fraud, which had ted the concemed competent authorities to commit the mistake of making the highec payment to the employces. “the employees were as innacedt as their employers in the wrongful determination of their inflated emoluments. The Hon’ble Supreme Court in its judgment dated 18° December, 2014 Jild has, iuer-alia, observed as under: “7. Having examined a wuinber of judemtents rendered by this Cours, we are of the view, thal orders passed by the employer seeking recovery of monciary benefits wrongly exrended ro employees, can only be interfered with, Jn cases where such recovery would result in a hardship of a matters, which would far wmuweixhs, the equilable balenice of the employer's right ro recover, fn other words, interference would be ealded fav, anly ih such cases where, it vould be lutguttous to recover the payment made, In order to asvertatn the parameters of the above consideration, and the test 10 be applied, reference needs ta be made to situations when this Court exempted employes from suck recovery, even in exercise of its jurisdiction uncler Article 142 af the Constitution of india. Repeated exercise of such power, “for doing complete justice im any cause” would establish that the recovery being effected was Inigultous, and therefore, arbitrary, and accordingly, she Interference at she hands of this Cours." “10, in view of the afore-stated constittional mandate, equity and good conscience, in the matter af livelihood of the people of this country, has fo be the Contd, on 99.2basis of all governmental actions. An action of the State, erdering a recovery from on employee, would be in order. x0 long ax it isnot rendered infguitous to phe extent, that the acvion of récovery would be more unfair, more wrongful more improper, and more unwarranted, than the corresponding right of the employer, (0 recover the creount. Or int other words, ll such thae as the recover’ would have a harsh and arbitrary effect on the employee, it would be permissible in deve. Orders pesved in given situations repeatedly. ever in exorcise of tho power vested in this Court tncler Article 14? of the Constitution of India, will disclose the parameters of the realm of an action of recovery fof an excess amount paid to an employee) which would breach the obligations of the State, to citizens of this conntry, and render the ction arbitrary, and therefore, violative of the mandate contained in Ardele 14 of the Constitution of India.” 3. The issue that was required ta be adjudicated by che Hon'ble Supreme Court was whether all the privale respondents, uguinsl wham an Orde of tesovery (of the excess amount) has been made, should be exempted in nw, from the reimbursement of the same to the employer. For the applicability of the instant order, and the conclusians recorded bby them thereinatter, the ingredionta depicted in paras 243 of the judgment ure essentially indispensuble, 4, ‘The Hon'ble Suprome Court while observing that it is not possible to postilate all situations of hardship which would govern employees on the issuo of recovery, where payments have mistakenly been made hy the employer, in excess of their entitlement has summarized the following few situations, wherein recoveries by the emplayers would be impermissible in law: fi) Recovery from employees betonging to Class-il and Clase IV service (or Group ‘Cand Group 'D' service) (i) Recovery feom retired emplayees, ur employees who wre dire fo retiee within ene year, of the order of recovery, Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of reeavery ix fsiuedt (ry) Recovery in cases where an employes has wrongfully been requirecl so discharge duties of a higher post, and kas been poid accordingly, even though Fe shauld have rightfully heen required ta work against an infertor ast i) ar iia abe wind Ua Curt apd i Santi el ee a mace from the employee, would be iniquitous or harsh ar arbitrary to such er extent, as would fer outweigh the equitable balance of the employer's right fo recover, 5. ‘The matter has, consequently, bees examined in consultation with the Department of Expenditure und the Department of Legal Affiirs. The Ministries / Deparnnents are advised to deal with the issue of erongful / exeess payments made to Government servants in sccordancs with above decision of the Hon'ble Supreme Caurt in Ca No. 11527 of 2014 (arising out of SEP (C) No.1 1584 of 2012) in State of Punjab and others etc us Rafig Masih (White Washer} etc. However, wherever the waiver of recovery in the sbove-mentioned situations is considered. the same may be allowed with the z contd. on pq.3‘express approvul of Department of Expenditure in tems of this Department's OM ‘No.1 826/201 |-Estt (Pay-I) dated. 6" February, 2014 6 Ingo ar as persons serving in the Indian Audit and Accounts Department are concerted, these orders are issued with the concurrence of the Comptroller and Auditor General of India. 7. Hindi version will follow, Reape (AK, fain) Deputy Secrotary to the Government of india L. Alll Ministries / Departments of Government of india NIC, DOP&T — with a request t upload this OM on the Department's website under OMs & Orders (Establishment —» Pay Rules) and alsa under “What is New". ‘Copy also forwarded to: 1, The Comptroller & Auditor Genetal of India. 2. Seoreiary General, Supreme Court of In 3. Controller General of Accounts / Controlfer of Accounts, Ministry of Finance, 4. Union Public Service Commission / Lok Sabha Seett. ¢ Rajya Sabha Seen. / Cabinel Secll. (Central Vigilanes Commission / President's Scett / Vice President's Seed. ¢ Prime Minister’s Office J Niti Aayoe. 5. Governments of all States and Union Territories 6. Deparment of Personnel and Training (AIS Division) / JCA /Admn. Section 7, Sestetary, National Council of JCM (Staf¥ Side), 12-C. Perez Shah Road, New Delbi % All Members of Staff Side of the National Council of JCM / Departmental Couneil 9, All Officers / Seetions of Department of Personne! and ‘Training J Department of Administrative Reforms & Public Grievances / Department of Pensions & Pensioners’ Welfare / PESB 10, Joint Secretary (Pers), Deparment of Expenditure, Ministry of Finance, HL. Additional Secretary (Union Territories), Ministry of Home AfMuirs.