ABSTRACT TO WAIVE OFF RECOVERIES:
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Government of the Punjab Finance Department Notification
No. FD.PC.7-4/83 Dated 02-06-1985
Sub: SCHEME OF BASIC PAY SCALES AND FRINGE BENEFITS OF THE PUNJAB GOVERNMENT EMPLOYEES (1983) FIXATION OF PAY:
I am directed to refer to this Department’s circular letter of even number dated 24-02-1985, on the subject noted above and to say that as a result of cancellation of letter of a even number dated 10-09-1984, recoveries of amounts already drawn by some officers/official have become due as their pay is to be fixed under new formalities as given in the letter dated 24-02-1985. These officials have drawn these amounts under valid authority of the Government as contained in the letter dated 10-09-1984, the cancellation of this letter has caused hardship to such government employees, it has, therefore, been decided to waive off recoveries in such cases.
(Muhawar Hussain)
Deputy Secretary (PC)
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Government of the Punjab Finance Department Notification
No. FD.PC.2-2/2012 Dated 13-07-2012
Sub: WAIVING OFF RECOVERY ON ACCOUNT OF WRONG DRAWL OF HIGHER SCALE AS WELL AS SPECIAL INCREMENT:
- The matter has been examined in pursuance of the direction of Hon’ble Lahore High Court, Lahore dated 21-09-2011 in writ petition No. 15736/2011 and with the approval of competent authority it has been decided that recovery on account of wrong drawl of higher scale as well as special increment is waived off up till 30-06-2012 in case of those who are still enjoying both the benefits. As well as the employees whose double benefit has been discontinued are concerned they would not be entitled to draw the double benefit as already discontinued.
(TARIQ MUHAMMAD MIRZA)
DEPUTY SECRETARY (PC)
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Government of the Punjab Finance Department Notification
No. FD.SR.V-21-12/2019 Dated 16-01-2020
O R D E R:
- And now therefore in consideration of the policy of Finance Department the undersigned hereby disposes the application of the petitioner as follow:
- i) Recovery of overpayment worked out due to wrong award of wrong increments was waived off up till 23-09-2013 for those who were still drawing advance increments against the policy as per F.D. Letter No. FD.PR.21-30/2013 dated 23-09-2013 and FD.PR.21-30/2013 dated 17-11-2014.
- ii) In the light of latest judgment of Hon’ble Supreme Court of Pakistan dated 17-04-2018, the matter regarding recovery of amount on account of wrong drawl of advance increment in respect of ESTs/PSTs Is being submitted to Competent Authority / Chief Minister. Any relief regarding recovery/pay protection if granted by the Competent Authority / Chief Minister, will be admissible to the Petitioners also.
(Abdullah Khan Sumbal)
Finance Secretary
WAIVE OFF RECOVERY COURT DECISIONS
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AS PER 1992 PSC 553, the Department can withdraw the wrong order, but not benefit can be recovered from such government employee.
AS PER W.P. NO. 15738/2011,in the Lahore High Court Lahore, it was decided that wrong drawl of higher scales as well as special increments waived off, vide Government of Punjab Finance Department Notification NO.FD.PC2-2/2012 dated 13-07-2012.
it is contended by the learned counsel for the petitioner that under the principal of locus poenitentiae the respondents are not entitled to recover the amount already paid to the petitioner, in the case reported as PLD 1992 SC 2007, and “Secretary to the Government of the Punjab Finance Department Lahore and others Vs Khurshid Iqbal & others (2004 PSC 842) The Department went before the Honorable Supreme Court of Pakistan Challenging the order of the refund of amount by filing CPLA which was dismissed with the observation reproduced here below:-
“We have heard Mrs. Yasmeen Sehgal Learned Assistant Advocate General Punjab appearing on behalf of the petitioners, and are of the view held that under the locus poenitentiae the petitioners are not entitled to recover the amount already paid to them”
That as per Government of the Punjab, Finance Department, clarified vide No.FD.PC.7-4/83 Dated 02/06/1985, “recoveries of amounts already drawn by some officials/officers have become due as pay is to be fixed under new formalities as given in the letter dated 24/02/1985. These officials had drawn this amount under valid authority of the Government as contained in the letter dated 10/09/1984. The cancellation of this letter has caused hardship to such government employees, it has therefore been decided to waive recoveries in such cases”.
It means that once the financial benefit extended under valid authority cannot be withdrawn.
That as per Supreme Court, High Court and Public Service Tribunal decided a point of law relating to the terms of service of a civil servant which covers not only the case of civil servant who litigated, but also of other civil servants, who may have not taken the legal proceedings, in such a case, the dictates & rule of good governance demand that the benefit of such judgment, can be extended to other civil servants who may not be parties to the litigation instead of compelling them to approach the service Tribunal or any other forum.
RECOVERY OF OVERPAYMENT OR PENSIONS:
According to the directions contained in Finance Department Circular letter No.FD(SR-III) 3/12-137 Dated 2.8.1987, the recovery of over payment in pension due to the fault of other than individual, waiver may be allowed as follows:
The entire amount if a pensioner/widow is more that 75 years of age on 30.11.1986.
- Half of the amount, if a pensioner/widow is between 70 and 75 years of age on 30.11.1986.
One-third of the amount, if a pensioner is between 60 and 70 years of age on 30.11.1986.
Full recovery may be made from pensioner/widow who are below 60 year of age on 30.11.1986.
In future the official concerned whose negligence caused overpayment shall be responsible.
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