The Department of Personnel & Training (DoPT) maintains strict guidelines regarding the “Recovery of Excess Payment” made to government servants. Based on the landmark Supreme Court judgment in the State of Punjab vs. Rafiq Masih (White Washer) case, there are five specific situations where the government is prohibited from recovering money wrongfully paid to an employee, even if the mistake was made by the accounts department.
- Core Subject: Recovery of Wrongful/Excess Payment
- Legal Basis: Supreme Court (Rafiq Masih Case)
- DoPT Order: OM No. 18/03/2015-Estt (Pay-I)
- Protection: Group C, D & Retired Employees
What Changed: The “Impermissible” Recovery Rule
In the past, if the Accounts/PAO discovered a calculation error from 10 years ago, they would immediately start deducting money from your current salary or pension. The “Rafiq Masih” judgment stopped this arbitrary action. Simply put, if the department made a mistake in fixing your pay and you were not at fault (i.e., you didn’t misrepresent facts), they cannot force you to refund the money after a long delay or after you have retired.
✅ Official Protection Guidelines
Authority: DoPT & Department of Expenditure
Key Order: The “White Washer” Judgment Guidelines
The Protocol: When Recovery is BANNED
The DoPT has listed five specific categories where recovery is legally “impermissible.” If you fall into these categories and receive a recovery notice, you can cite this OM to stop the deduction.
🛡 Protected Categories (No Recovery)
- Group C & D: Recovery from employees belonging to Group C and D (including MTS/Postal Staff).
- Retired Staff: Recovery from retired employees or those due to retire within 1 year.
- Old Cases: Payments made in excess for a period exceeding 5 years before the recovery notice.
- Wrong Fixation: Excess payment arising from a mistake in understanding the law/rule (Interpretation Error).
⚠ Unprotected Cases (Recovery Allowed)
- Group A & B: Senior officers are expected to know their pay rules; recovery is allowed for recent errors.
- Fraud: If the employee submitted fake certificates or false data to claim the money.
- Short Term: Errors detected within 5 years (for Group A/B).
Timeline/Calculation: The 5-Year Shield
The time factor is crucial here. The government cannot wake up after a decade and demand money back. This table explains the safety limits.
| Scenario | Action Allowed? | Reason |
|---|---|---|
| Error discovered after 6 years | ❌ NO | Recovery beyond 5 years is iniquitous. |
| Employee Retired last month | ❌ NO | Pensioners are protected from financial hardship. |
| Group C Employee (Recent Error) | ❌ NO | Group C/D are protected regardless of the time gap. |
| Arithmetical Error (Group A) | ✔ YES | Senior officers can be asked to refund recent excess pay. |
How to Respond (Draft Representation Against Recovery)
If your office issues a notice to recover “Excess Payment” from your salary/gratuity, and you fall under the protected categories, submit this representation immediately.
“To,
The Head of Office / DDO,
[Department Name],
[City]Subject: Representation against Recovery of Excess Payment – reg.
Respected Sir/Madam,
I am in receipt of your Notice No. [Number] dated [Date] proposing a recovery of ₹[Amount] from my salary/pension on account of alleged wrong pay fixation done in [Year].
I wish to bring to your kind attention the DoPT OM No. 18/03/2015-Estt (Pay-I) dated 02.03.2016, issued in compliance with the Hon’ble Supreme Court judgment in the case of State of Punjab vs Rafiq Masih (White Washer).
As per Para 4 of the said OM, recovery from [Select: Retired Employees / Group C Employees / Payments older than 5 years] is impermissible in law. Since I belong to this protected category, I request you to withdraw the recovery notice immediately.
Sincerely,
[Name]
[Designation/PPO No]”
हिंदी सारांश: अधिक भुगतान की वसूली (रिकवरी) नियम 2026
सुप्रीम कोर्ट के ‘रफीक मसीह’ फैसले के आधार पर, DoPT ने नियम बनाए हैं कि सरकार कब कर्मचारियों से गलत तरीके से दिए गए अतिरिक्त पैसे वापस नहीं मांग सकती। यदि आप ग्रुप C या D कर्मचारी हैं, या आप रिटायर हो चुके हैं (या 1 साल में रिटायर होने वाले हैं), या भुगतान 5 साल से पुराना है, तो सरकार आपसे वसूली (Recovery) नहीं कर सकती। यह नियम आपको अकाउंट्स विभाग की गलती की सजा भुगतने से बचाता है।
Frequently Asked Questions
Can the government deduct excess pay from my Gratuity?
No. If you fall under the protected categories (Group C/D or Retired), the department cannot recover excess payment from your DCRG (Gratuity). Doing so is a violation of the Supreme Court’s directive, as it causes undue hardship to the pensioner.
What if I gave an undertaking at the time of pay fixation?
Departments often ask for an undertaking: “I will refund any excess payment.” However, courts have held that a standard undertaking does not override the Rafiq Masih guidelines, especially for Group C/D employees where the unequal bargaining power is recognized. For Group A officers, however, the undertaking makes recovery easier.
Is this rule applicable to Railways and Defence civilians?
Yes. The DoPT OM dated 02.03.2016 has been adopted by the Ministry of Railways (RBE No. 72/2016) and the Ministry of Defence. The protection extends to all central government civilian employees across ministries.