- (1.) ADMITTEDLY , during period from January 1992 to August 1997 the appellant paid some excess amount to the respondent Nos. 1 to 5, who were employed on different posts in Sindri Unit of the Fertilizer Corporation of India, in different months, in addition to their monthly salary through the payment slips. The appellant -corporation decided to recover the excess amount paid to them, during the aforesaid period together with interest @ 17% per annum with effect from the date of withdrawal of the excess amount. Those employees -respondent Nos. 1 to 5 filed separate applications before the General Manager to request the management to exempt them from recovering the interest element.
(2.) THE Deputy General Manager (Finance) on 31.3.1998 made following notes on the said request "Request can be considered if all of them deposit fifty percent of the amount lump sum immediately". According to respondent Nos. 1 to 5, the said direction dated 31.3.1998 was not communicated to them. However, it was brought to the notice of the General Manager that as per prevailing rules, the interest is deducted on the net C.B. amount from the employees, who have the C.B. and the said amount is recovered in installment. The interest is charged as per existing bank rate of interest. Consequently suggestion on 10.4.1998 was given by the Deputy General Manager (Finance) to the General Manager that if the employees concerned deposit full amount in one installment, interest may be waived off, to which the General Manager agreed on 13.4.1998. The said decision was forwarded to the Chief Executive Officer" for information and further necessary action on 5.5.1998. The respondent Nos. 1 to 5 have not denied that thereafter the Chief Executive Officer did not communicate/inform them about the said decision.
(3.) IT is relevant to mention here that the management had started deducting 50% amount of monthly salary of the respondent Nos. 1 to 5 from February 1998 itself. Pursuant to the communication dated 23.2.1998, those employees were asked to intimate whether they were prepared to pay the dues within one month or whether they agree to the recovery in monthly instalments @ 50% of the basic pay and D.A. from their monthly salary. It is also mentioned in the said communication that if no intimation is received, recovery from their monthly salary shall be deemed to have been consented by them and the recover would commence from the month of February, 1998.;