M. Ramachandran, J. (Vice Chairman) - (1.) WRIT Petition No. 12805/2005 had been transferred over to this Tribunal, in view of the order of High Court dated 06.02.2009. Since pleadings are complete, the matter is being disposed of. We had occasion to hear Mr. Vivek S. Atri, counsel appearing for the applicant and Mrs. Jyoti Singh, counsel representing the respondents.
(2.) Although voluminous materials have been placed on record, the issue is simple, and, therefore, advertence to most of the materials hardly requires. The challenge is against Annexure `W' order dated 11.11.2003. The applicant by the said office order had been informed that consequent upon withdrawal of Time Bound Promotional Scale granted to him from 18.05.1994, his pay is being refixed effective from 01.05.1994. In the process, office order issued dated 20.12.1999, had been withdrawn. As a result of the above order, there was reduction brought to the pay of the applicant. He had also been constrained to refund excess amounts of salary drawn. Request for review of the orders had been made by the applicant, but the steps had not been retraced. The applicant contends that the pay fixation granted effective from 1994 could not have been unsettled. This has resulted in the present proceedings.
(3.) THE two issues, which are necessary to be looked into, are as to whether there was justification or right resting with respondents for recovery of the amounts already paid towards salary and appropriated, and whether there was sufficient notice given to the applicant before the impugned orders had come to adversely affect him. Of course, the applicant has put up a further claim that he had a right for fixation as carried out in the year 1999 effective from 18.05.1994. THE sustainability of the above also needs to be examined.;