The Himachal Pradesh High Court has given an important provision in the matter of wage fixation. Justice Satyen Vaidya said in his judgment that recovery cannot be made from Class IV and Class III employees. The court made it clear that in case of discrepancy made at the time of fixation of pay, the excess salary paid cannot be recovered in any way. Accepting the petition of Class III employees Bihari Lal and Ashok Kumar in the Public Works Department, the court pronounced this decision. As per the case, the petitioner Bihari Lal was posted in the Public Works Department on January 1, 1994 and Ashok Kumar on January 1, 1998. Both the employees were given the benefit of ACP scheme on 20th November, 2013.
On October 3, 2018, the department decided to withdraw the benefit of ACP granted to him. While fixing the pay, the department had passed orders for recovery of Rs 50,217 from petitioner Bihari Lal and Rs 47,225 from Ashok Kumar. It was argued that the department first gave them financial benefits while fixing the salary and five years later passed orders for recovery citing salary discrepancy. The court, citing the apex court’s judgement, set aside the recovery orders. The court clarified that no recovery can be made from class IV and III employees and retired employees.