- (1.) Leave granted
(2.) This appeal by special leave is directed against the judgment and order dated 9.5.2011 passed by the High Court of Judicature of Rajasthan at Jodhpur in D.B. Civil Writ Petition No. 11838 of 2010 whereby the Division Bench has concurred with the view expressed by the Central Administrative Tribunal, Jodhpur Bench at Jodhpur (for short "the tribunal") in O.A. No. 109 of 2008 wherein the tribunal had quashed the order passed by the competent authority re-fixing his pay prior to his retirement and directing recovery of the amount paid from 3.12.1994 to 31.12.2007.
(3.) The undisputed facts are that the respondent was appointed as a Gangman on JU Division on 15.1.1966 as a substitute and was regularized in the year 1972. He was promoted to the post of Store Keeper in October, 1977 and thereafter, he went on deputation to Construction Organization in December, 1977. He was given the post of PW Mistry in the Construction Organization with effect from 10.4.1981 in the pay scale of Rs.380-560. On completion of the training he came in the grade of Rs.1400-2300 by the Construction Wing of the railways. Subsequently, when there was a regular selection for the post of JE-I in his parent department, he was called to participate in the selection which he did and being declared successful, he joined in the said promotional post on 3.12.1994. While giving him posting in the year 1994, his pay was fixed keeping in view the benefit he had availed while he was working in the Construction Organization. When the date of superannuation approached and pension was going to be determined, it was noticed by the accounts department that he had been given excess pay due to erroneous fixation of pay scale and, accordingly, a communication was sent on 22.10.2007 refixing his pay and directing recovery of the excess sum.;