- (1.) The appellant is a Technical Assistant in the National Library at calcutta, which is a part of the Department of Culture under the Ministry of human Resource Development, Government of India. With regard to the scale of pay for this post, the Fourth Pay Commission, in its report submitted to the Government of India, made the following recommendations: "10, 290. The Department of Culture has proposed the merger of the pay scales of Rs 425-700 and Rs 500-900 of the posts of Technical assistants and Senior Technical Assistants in the Department of Culture in view of the high educational qualifications prescribed for them. Technical Assistants and Senior Technical Assistants both assist higher officers in their work and their duties and responsibilities are quite similar. Considering their qualifications, responsibilities and duties, we feel that posts in the scale of Rs 425-700 may be upgraded and merged with the posts in the scale of Rs 550-900 and suitably redesignated. The revised scale of Rs 1640-2900 will apply to these posts. "
(2.) This recommendation was accepted by the Union of India and in the first Schedule of the Central Civil Services (Revised Pay) Amendment rules, 1986, Part C containing revised scales of pay for certain posts in the ministries, Departments and Union Territories, was added in which the following was indicated:
(3.) The Government of India subsequently fixed the salary for Technical assistants in the scale of Rs 1640-2900, but by letter dated 27-8-1987 the government of India directed that their salary shall be fixed in the scale of rs 1400-2300, instead of Rs 1640-2900. It was further directed that the overdrawn amount on account of their fixation of pay in the higher scale of rs 1640-2900 from 1-1-1986 to 31-8-1987 will not be recovered from them as a final determination of the pay scale was still under active consideration of the Government.;