Anonymous
Asked September 15, 2016

Principal's refusal to obey SC judgement and Govt rules

  • 1 Answer
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I am working as a Lecturer in Govt. College. My Principal has passed an order of recovery from my salary for wrong fixation w.e.f June 2009 to July 2016. I have submitted a number of representations to him, enclosing Supreme Court's decision in Civil Appeal 11527/2014 and GoMP Finance department order to follow the directions of apex court in the above judgement. But Principal is not paying any heed to any law due to some personal malice to me. What should I do. Plz suggest

Answer 1

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SAURABH KUMAR

As stated in a case law -when the order of recovery of salary paid, becomes wrongful as it would involve re-taking salary over a prolonged period, the court would reject it and strike down any such action of the employer[1].

 

If the Principal still refuses to change his stance, thus, in this case, you are advised to go ahead and file a claim in a labour court and accordingly ask the management to pay you back.

 

The format for filing an affidavit is attached herewith- http://labour.and.nic.in/comp_claim.htm

 

[1] State of Punjab and others V. Rafiq Masih (White Washer)

Agree Comment 0 Agrees about 1 year ago

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