Thanks for sharing your situation. Here is some relevant information:
- As per the Supreme Court of India, any recovery of excess payment made to employees should be done with prior notice and an opportunity for the employee to be heard.
- The employee must be informed about the reason for the deduction and given a chance to present their case.
District Court Gautam Budh Nagar, Noida
Phone: *-*
Address: Sector *, Noida, Uttar Pradesh *
Have you received any formal notice regarding the deduction? not yet
Since you haven't received any formal notice, you may want to address the issue proactively:
- Contact your HR department or the relevant authority in your office to inquire about the payment recovery.
- Request a formal notice and the details regarding the excess payment.
Would you like more information on drafting a formal request letter?
yes
Here's a brief guide on drafting a formal request letter:
- **Subject:** Request for Details Regarding Salary Deduction
- **Body:**
*. **Introduction:** Mention your name, designation, and current posting.
*. **Issue Description:** Explain the situation regarding the extra payment and the lack of formal notice.
*. **Request:** Ask for a formal notice and detailed explanation of the excess payment.
Would you like a sample template for this letter?
yes
Here's a sample template for your request letter:
---
**Subject:** Request for Details Regarding Salary Deduction
**To,**
[Name of the HR Manager or Relevant Authority]
[Designation]
[Department/Office]
[Organization's Name]
[Address]
**Date:** [Date]
**Respected Sir/Madam,**
I hope this letter finds you well.
I am [Your Name], currently working as [Your Designation] in [Your Department/Office] on deputation from [State Government PSU]. I recently noticed that an excess payment was made to my salary, and I have been informed that there are plans to recover this amount from my future salary payments.
However, I have not yet received any formal notice or detailed explanation regarding this recovery. In accordance with the rules and guidelines set by the Supreme Court of India, I request that I be provided with:
*. A formal notice explaining the reason for the deduction.
*. Detailed information regarding the amount of excess payment and the period it covers.
*. An opportunity to present my case or any justification related to this issue.
I am keen to resolve this matter amicably and ensure compliance with all relevant procedures. I would appreciate your prompt attention to this request.
Thank you for your understanding and
as per you "Supreme Court of India, any recovery of excess payment made to employees should be done with prior notice and an opportunity for the employee to be heard.". please provide the case details or supporting documents regarding Supreme Court of India
The relevant case that addresses the issue of recovery of excess payment made to employees is:
~Case: State of Punjab & Others vs. Rafiq Masih (White Washer) & Others
- **Citation:** Civil Appeal No. * of *
- **Date:** December *, *
- **Key Points:**
- Recovery of excess payments from employees who belong to Class III and Class IV service or Group C and Group D service is impermissible.
- Recovery from employees who are due to retire within one year is also impermissible.
- Recovery without giving notice and an opportunity to be heard is generally not allowed.
Would you like more details on how to present this case to your HR department?
TRY ME!
Start a new chat