BIMAL KUMAR BANERJI Vs. UNION OF INDIA

JUDGEMENT

(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:

(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.