Delve into the recent judgment by the Delhi High Court regarding the waiver of recovery involving the Ministry of Expenditure and University of Delhi. The case sheds light on the complexities of pay fixation issues and the procedures involved in seeking waivers. Follow the developments closely in this intricate legal matter.
Facts
- The petitioner was promoted as a Lecturer/Reader in the pay scale of Rs.12000-420-18300/- w.e.f. 01.1998.
- The court awarded Rs. 50,000 to the Petitioner for causing avoidable inconvenience.
- The court also awarded the cost of the Petition to the Petitioner.
- Respondent No.3 informed Respondent No.2 that waiver of recovery needs approval from Ministry of Finance as per DOPT O.M. 18.26.2011-Estt. (Pay-I) dated 06.02.2014.
- The petitioner superannuated on 31.12.2017.
- Internal audit report dated 26.05.2016 indicated incorrect pay refixation from 07.2003, leading to demand of recovery of Rs.3,82,192.
- Petitioner claimed pay fixation was as per rules and approved by University of Delhi.
- Petitioner’s requests for reconsideration were made on 28.06.2017 and 25.08.2017.
- Writ petition was filed due to prolonged pending issue.
- Governing Body on 08.10.2021 recommended waiver of recovery subject to Competent Authority approval.
- Respondent No.1 requested University Grants Commission for waiver on 17.01.2022.
- Respondent No.3 requested Delhi University to consider waiver on 20.06.2022.
Arguments
- Petitioner’s representation treated as a petition by Ministry of Expenditure.
- Governing Body of Petitioner sought waiver and reimbursement for alleged excess payment.
- Approval required from Ministry of Expenditure as per rules and regulations.
- Petitioner to be afforded a hearing by Ministry of Expenditure.
- No opinion or approval given by Ministry of Expenditure yet.
Decision
- The present petition is disposed of
- Issue notice has been given
- The petitioner can submit further documents to support her submissions
- Competent Authority to dispose of the representation within one week of receiving the documents
Case Title: MRS DR CHANDRA GOSWAMI Vs. DYAL SINGH COLLEGE & ORS. (2024:DHC:3849)
Case Number: W.P.(C)-2147/2024
