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Related to pay fixation and recovery of payment
31-Jan-2026 (In Civil Law)
I have joined service in the grade pay of Rs. 4200/-. in the year 2006. I have been given one increment in the name of promotion in the same grade pay in 2015. MACP was given in 2016. Later on after more than 9 years in 2025, audit party has objected that 1 increment given in 2015 and asked to recover that increment and re-fixation of the salary. While it is unfare to recover and refix the salary after almost 9 years of said increment as in any incident the employee was not at any fault.
Yes department can not recover the excess amount paid as the same was not at the misrepresentation of yours or any fraud conducted at your part. Supreme Court has laid down settled law on this and if the department still deducts the amount, we should challenge the same in the court. For better understanding feel free to connect.
Thanks
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Adv. Bhawana Pandey
Adv. Bhawana Pandey
Delhi | 1000+ Answers
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The audit objection and recovery after 9 years are legally unsustainable as the employee had no fault. As per State of Punjab v. Rafiq Masih (2015), recovery of excess payment made by employer’s mistake is impermissible. The department may correct pay prospectively but cannot recover past payments. The employee should file a representation citing Supreme Court rulings and seek quashing of the recovery order.
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Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
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Hi, advocate Deepak this side , I can help you regarding your matter to get recover the due and as well as salary fixation, pls do connect with us . We are happy to help you. We are basically from delhi but we are handling matter by all over india
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Adv. Deepak Ranjan
Adv. Deepak Ranjan
Delhi | 25+ Answers
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Criminal Case & Government Job:
If the FIR is quashed by the High Court on the basis of settlement or you are honourably acquitted, you will not be treated as a convict, and in law there will be no bar to your government employment, including CGLE, provided you truthfully disclose the case and produce the court order during verification. Mere registration of an FIR or past arrest does not disqualify a candidate, and once the case is quashed or ends in clean acquittal, your record is effectively cleared for service purposes.
Salary Recovery & Re-fixation:
The proposed recovery after nearly nine years is illegal and unsustainable, as settled by the Supreme Court in State of Punjab v. Rafiq Masih, since you were not at fault and the payment was made by the department’s own mistake; at most, pay can be corrected prospectively, but retrospective recovery is barred. A representation or writ petition will secure quashing of the recovery and protection of your salary.
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Adv. Krishna Kant Tiwari
Adv. Krishna Kant Tiwari
Delhi | 25+ Answers
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Submit a written representation against the recovery
Mention:
Increment was officially granted
No wrongdoing on your part
Long delay of 9 years
Supreme Court guidelines against such recovery
Recovery of the increment amount after 9 years, when you were not at fault, is very likely illegal and can be set aside by a court, though prospective pay correction may still be allowed.
If you want, tell me whether this is a Central or State government job — the forum for challenge will differ.
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Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
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