- (1.) THE petitioner joined the service in the erstwhile A. P. State Electricity Board on 08. 12. 1979 as Helper. He was promoted as Instrument Mechanic (Grade-III) on 29. 01. 1998, as a Tester (Grade-II) on 03. 03. 1999 and as a Tester (Grade-I) on 01. 07. 2005. Presently he is working as Tester (Grade-I) under the control of the Divisional Engineer, Transformers, the A. P. Eastern Power Distribution company limited, Eluru, West Godavari District-3rd respondent. The 3rd respondent issued Memo. No. DE/mandp/elr/ JAO/adm/udc/d. No. 449/07, dated 17. 12. 2007, whereunder the petitioner was informed that his pay was wrongly fixed in the cadre of Instrument Mechanic (Grade-II) and sought to recover excess payment made to him. He was informed that the Tester Instrument Mechanic (Gr.-III) and the Tester Instrument Mechanic (Grade-II) were brought under common pay scale with effect from 01. 04. 1998 and therefore, fixation of his pay in the cadre of Instrument Mechanic (Grade-II) treating it as a promotion post from Instrument Mechanic (Grade-III) was not correct and therefore, the proceedings issued in Memo. No. DE/trs/elr/jao/u/ D. No. 59/99, dated 05. 05. 1999 were to be cancelled. His revised pay fixation particulars were communicated to him vide Memo. No. DE/trs/elr/jao/u/ D. No. 192/08, dt. 05. 06. 2008. He submitted representation dated 13. 06. 2008 recording his objections for revision of his pay scale after lapse of 9 years. The 3rd respondent considered the representation and proceeded to issue Memo. dated 26. 11. 2008 revising pay of the petitioner and ordering recovery of excess amount of Rs. 1,02,408/- in equal monthly instalments at the rate of Rs. 8,534/- commencing from January, 2009 vide Memo. No. DE/trs/elr/ jao/u/d. No. 794/08, dated 29. 12. 2008. The petitioner filed this writ petition assailing the proceedings issued by he 3rd respondent vide Memos. dated 17. 12. 2007 and 29. 12. 2008. For better understanding the grievance of the petitioner, I deem it appropriate to refer para. 3 of the affidavit filed in support of the writ petition, which reads as hereunder: "while matter stood thus, vide impugned memo dated 17. 12. 2007, the 3rd respondent had informed me that my pay scale is revised with effect from 12. 03. 1999 and that excess amount paid to me will be recovered without any further notice. I submit that I had submitted a representation to the 3rd respondent contending that my scale of pay cannot be changed without giving opportunity to me and without enabling me to contest the same. However, the 3rd respondent had again issued the impugned memo date 29. 12. 2008 to the effect that my promotion orders from instrument Mechanic Grade - III to Grade-II were modified as conversion orders since I was not eligible as the two cadres brought into one time scale with effect from 01. 04. 1998 and that my promotion pay fixation orders with effect from 12. 03. 1999 was cancelled and hence I was paid excess amount of Rs. 1,02,408/-, which will be recovered from my salary at the rate of Rs. 8534/- per month commencing from January, 2009. I submit that the impugned memo of the 3rd respondent is arbitrary and irrational, apart from being violative of principles of natural justice. I submit that I was never given a show cause notice nor any understandable details as to how I was excess paid after my promotion and as to when it was discovered. It is settled legal position that the employer has no authority of law to recover the salary paid on the ground of excess payment of salary for several years and such an action is not only illegal but also violative of Article 21 of the Constitution of India. Since the recovery is being enforced against me from the salary of January, 2009, I am constrained to file this writ petition. "
(2.) WHEN the writ petition came up for admission, Sri P. R. Balarami Reddy, learned Standing Counsel for A. P. E. P. D. C. L. received notice on behalf of the respondents.
(3.) THE 3rd respondent filed counter-affidavit. It is stated in the counter-affidavit that the petitioner was put on notice before rectification of the mistake in fixation of his pay scale in the cadre of Instrument Mechanic (Grade-II ). It is further stated in the counter-affidavit that all 7 cadres viz. , filter Mechanic, IM Grade-III, Mechanic Grade-IV, Filter Operator, IM Grade-II, tester Grade-II and Lineman were merged into one common group and the common time scale was granted in the revised pay scales with effect from 01. 04. 1998 vide B. P. M. S. No. 255, dated 05. 01. 1999 and that after 01. 04. 1998, Instrument mechanic (Grade-III) and Tester (Grade-II) posts are in one time scale. The instrument Mechanic (Grade-III) post is not at all a feeder post for promotion to the post of Tester (Grade-II) after 01. 04. 1998. The Instrument Mechanic (Grade-II) and Tester (Grade-II) are identical and are feeder posts for promotion to the post of Tester (Grade-I ). In a way, the respondents contended that the pay of the petitioner came to be revised after putting him on notice and excess amount paid to him was sought to be recovered at the rate of rs. 8534/- p. m. commencing from January, 2009.;