A K AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is aggrieved by the Memorandum issued by the respondents dated 9.11.2000 and order dated 8.12.2000, whereby his basic pay fixed earlier at Rs. 600 w.e.f. 21.1.1983 by order dated 16.6.1992 in the pay scale of Rs. 550-900, has been lowered to Rs. 575 + Rs. 5 (personal pay). THE respondents have stated that the pay of the applicant had been erroneously fixed and accordingly the subsequent re-fixation of pay on the basis of revision of pay scale/ promotion etc., was also wrong. THEy have stated that the applicant's pay is, therefore, proposed to be refixed (a) in the grade of Research Assistant (RA) (Sc.) in the pay scale of Rs. 550-900 under FR 22(a)(ii), and (b) on promotion to the grade of Assistant Research Officer (ARO)(Sc.) w.e.f. 15.5.1987 under FR22(a)(i). THE respondents have stated in the impugned order dated 9.11.2000, that on implementation of the recommendations of the Vth Central Pay Commission and financial upgradation w.e.f. 9.8.1999 under the Assured Career Progression (ACP) Scheme his pay has been refixed under FR 22(1)(a)(i). THEy have also stated that on account of such refixation of pay, an excess amount of Rs. 39,001 as on 31.10.2000 paid to the applicant is proposed to be recovered from him at the rate of Rs. 1000 per month from his pay w.e.f. November, 2000.

(2.) The applicant is working as Research Officer (RO) with respondent No. 2 i.e., the Central Soil and Materials Research Station (CSMRS), New Delhi under the Ministry of Water Resources/respondent No. 1. The applicant had earlier filed application (TA-136/ 1987) which was disposed of by Tribunal's order dated 18.7.1991. He then filed O.A. 1942/1993 which was disposed of by Tribunal's order dated 9.9.1997. Again he had filed O.A. 2320/1999, which was disposed of by Tribunal's order dated 7.9.2000, copies of these orders have been annexed by the applicant. In O.A. 2320/1999, he had impugned the order passed by the respondents dated 24.2.1999 by which over payments made to the applicant were ordered to be recovered. As this was not issued after giving a show cause notice to the applicant, the impugned order was quashed and set aside and respondents were given liberty to pass an order after giving a show cause notice to the applicant.

(3.) THE respondents have stated in their reply that the applicant's pay has been erroneously fixed at the higher stage of Rs. 600 per month w.e.f. 21.1.1983 at the time of his absorption in CSMRS in 1992, by Office Order dater 16.6.1992. THEy have submitted that the mistake has been rectified by order dated 8.12.2000. THEy have submitted that the erroneous fixation of his pay has come to their notice only when some of the colleagues of the applicant, namely, S/Shri K.L. Kalra(RO), Y. Swami, S.N. Dixit and Smt. Kama Kalia, AROs had represented for stepping up their pay at par with that of the applicant, as he was junior to them. THEse representations appear to have been made from 1997-1999 (Ann.R.IV to R-VII), On examination of the pay fixation orders of the concerned officers, the respondents have stated that they found that the pay of the applicant has been wrongly fixed at a higher stage from the date of his absorption in CSMRS on 16.6.1992, due to application of the provisions of FR 22 (a) (ii) in force at that time. Mr. K.R. Sachdeva, learned Counsel has submitted that the respondents can rectify the mistake at any time and accordingly make the recovery of excess payment from applicant's pay. He has relied on the judgment of the Supreme Court in V. Ganga Ram v. Reginonal Joint Director and Ors. (1996) 6 SCC 139=1997 SCC (L&S) 1652 and Tribunal's order in L. Narahari v. THE Controller of Defence Accounts and Ors. 2001(3) SLJ (CAT) 211 (Bangalore Bench).